MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair
To: The Monroe County Development Review Committee
Through: Emily Schemper, AICP, Senior Director of Planning & Environmental Resources
From: Michael Roberts, Assistant Director/Environmental Resources
Date: December 2, 2020
Subject: Request for an Amendment to the Tier Overlay District (Zoning)Map from Tier I to Tier III, Spottswood, Spottswood, Spottswood & Sterling, PLLC, Big Pine Key Fishing Lodge, Big Pine Key, for a portion (4.15 acres) of a parcel of land having real estate no. 00108630-000000 (File 2020-125)
Meeting: December 15, 2020 1 2 I REQUEST 3 A request to amend the Tier Overlay District designation for a portion (4.15 acres) of Parcel # 4 00108630-000000 from Tier I to Tier III.
5 6 Subject Parcel (outlined in blue) (2018)
File No. 2020-125 pg. 1
1 II BACKGROUND INFORMATION & RELEVANT PRIOR COUNTY ACTIONS 2 3 Site Information
4 Address: 33000 Overseas Highway Big Pine Key, Florida 33043 5 Legal Description: Section 31 Township 66 Range 30 Big Pine Key Lot 1 (5.52ac) and Section 6 6 Township 67 Range 30 Big Pine Key Part of Government Lot 1. 7 Real Estate (RE) Number: 00108630-000000 8 Applicant: Spottswood, Spottswood, Spottswood & Sterling, PLLC; on behalf of Big Pine 9 Key Fishing Lodge, Inc. c/o Everett Atwell, contracted buyer 10 Size of Site: 10.86 acres (4.15 acres Tier I) 11 Land Use District(s): NA (North of U.S. 1) and RV (South of U.S. 1) 12 FLUM Designation: RC (North of U.S. 1) and MC (South of U.S. 1) 13 Tier Designation: I & III 14 Flood Zone: AE – 7, 8, 9; VE-12. 15 Existing Use: Big Pine Key Fishing Lodge 16 The parcel consists of a developed Fishing Lodge and RV Campground containing 175 17 transient dwelling units (hotel rooms, RV spaces and tent camping) and 6 permanent 18 residential dwelling units (Letter of Development Rights Determination dated April 19, 19 2018). 20 Existing Vegetation / Habitat: Scarified; Developed Land 21 Community Character of Immediate Vicinity: The subject property is a waterfront parcel on 22 the Atlantic Ocean and is bordered by a mix of native vegetation communities including 23 mangrove wetlands, salt marsh and tropical hardwood hammock. 24 25 Previous County Action 26 • On March 19, 2003 the Monroe County Board of County Commissioners (BOCC) 27 approved Resolution 119-2003 authorizing submittal of the Habitat Conservation Plan for 28 Key Deer and other protected species on Big Pine Key and No Name Key (HCP). 29 • On December 17, 2003 the BOCC passed Resolution 562-2003 approving the Livable 30 Communikeys Master Plan (LCP) for Big Pine Key and No Name Key as the policy 31 document to direct growth and development of Big Pine Key and No Name Key. The LCP 32 implements the HCP as well as provides for the development needs of the community. 33 • The LCP was completed in August 2004 adopted by the Board of County Commissioners 34 on August 18, 2004 and is incorporated by reference into the Monroe County 2010 35 Comprehensive Plan by Policy 101.20.2(1). 36 • The LCP was amended in June 2009 (Ordinance 020-2009) to revise certain figures to 37 depict only the lands covered by the HCP; to implement the ROGO requirements of the 38 HCP; to define the number of dwelling units to be permitted over the life of the Incidental 39 Take Permit (ITP), including the limitations on Tier I development; to establish certain 40 control dates for development and mitigation; and to regulate the construction of fences 41 and accessory structures. 42 • The Board of County Commissioners adopted Ordinance 022-2012 on September 21, 43 2012 to amend the Livable CommuniKeys Program Master Plan for Future 44 Development of Big Pine Key and No Name Key , to amend the Tier designation on 45 Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and Table 2.7, Institutional
2020-125 pg. 2
1 Uses, for the Seacamp property from Tier I to Tier Ill, as directed by the Board of 2 County Commissioners in Resolution 562-2003. 3 • The Board of County Commissioners adopted Ordinance 019-2016 on May 18, 2016 to 4 amend the Tier Overlay District map for property legally described as Lots 1, 2, 3, 4 and 5 5, Block 1; Lots 1 through18 Block 2, Sam-N-Joe Subdivision Plat Book 3 Page 76 of the 6 public records Of Monroe County Florida and Lots 1 Through 9, Block 3, Darios 7 Subdivision Plat Book 3 Page 92 of the public records of Monroe County Florida; having 8 real estate numbers 00300090-000000; 00300180-000000; 00300590-21 000000 and 9 00300670-000000 from Tier I to Tier III 10 • The Board of County Commissioners adopted Ordinance 018-2015 on May 18, 2016 11 amending the Livable CommuniKeys Program Master Plan For Future Development Of 12 Big Pine Key And No Name Key amending the Tier designation for property legally 13 described as Lots 1, 2, 3, 4 And 5, Block 1; Lots 1 through18 Block 2, Sam-N-Joe 14 Subdivision Plat Book 3 Page 76 of the public records Of Monroe County Florida and Lots 15 1 Through 9, Block 3, Darios Subdivision Plat Book 3 Page 92 of the public records of 16 Monroe County Florida; having real estate numbers 00300090-000000; 00300180-000000; 17 00300590-21 000000 and 00300670-000000 from Tier I to Tier III on Figure 2.1 (Tier Map 18 For Big Pine Key And No Name Key) 19 20 Community Meeting 21 The required Community Meeting was held virtually on Thursday, October 29 2020. The 22 meeting was presented by Donald Craig (Spottswood, Spottswood, Spottswood & Sterling, 23 PLLC) and facilitated by Cheryl Cioffari (Assistant Director of Planning) and Michael 24 Roberts (Assistant Director of Environmental Resources). Approximately forty members 25 of the public attended via ZOOM or by phone. It should be noted that the majority of 26 community comment is opposed to the proposed Tier Map amendment. 27 28 III PROPOSED AMENDMENT 29 est to amend the Tier Overlay District designation for a portion (4.15 acres) of Parcel # 30 00108630-000000 from Tier I to Tier III (Exhibit I) 31
32
2020-125 pg. 3
1 Review of Amendment 2 3 The Tier Maps for Big Pine Key and No Name Key were developed based on relative wildlife 4 habitat quality as defined in the Habitat Conservation Plan (HCP). Monroe County developed 5 the Tier Overlay District Maps pursuant to county-wide Smart Growth Initiatives adopted in 6 Goal 105 of the Comprehensive Plan and Strategy 1.1 of the LCP. 7 8 “The Habitat Conservation Plan (HCP) focuses on the Key deer as an “umbrella species” and 9 operates under the assumption that avoiding and minimizing impacts to Key deer habitat, will 10 also provide direct protection to both populations and habitats of other terrestrial species. In 11 the development of the HCP, the ecology and population dynamics of the Key deer was studied 12 for three years and a Population Viability Analysis (PVA) model, including a spatial 13 component, was produced to evaluate the impacts of development scenarios on the Key deer 14 population. Based on the Key deer studies done for the HCP and the resulting spatial model, 15 lands in the study area were classified into three “Tiers.” Tier 1 lands are higher quality Key 16 deer habitat. Tier 3 lands are the lowest quality Key deer habitat. Most of the parcels in Tiers 17 2 and 3 are interspersed among developed parcels and among canals. These areas provide little 18 habitat value to the covered species.” (Pg. 2 Habitat Conservation Plan) 19 20 As noted in the HCP, “the Key deer are wide ranging and utilize virtually all available habitat 21 in the project area, including developed areas (Figure 2.1, Lopez 2001) (Pg. 20 Habitat 22 Conservation Plan). While the subject parcel is a known focal point for Key deer, this is likely 23 due to human interaction with the deer rather than habitat value. The habitat value of the 24 subject parcel, including the portion proposed for the Tier Overlay District amendment, is 25 minimal at best. However, the adjacent natural communities do provide significant habitat 26 value for the Key deer. 27
Approximate location of subject parcels
28 Figure 2.1, Lopez 2001 29
2020-125 pg. 4
1 The Tier Classification system used in the Habitat Conservation Plan was developed for vacant 2 privately owned land and were classified according to habitat value. Public lands were not 3 assigned a Tier designation in the HCP. The subject parcel (00108630-000000) was 4 historically composed of 2 separate parcels, with the portion of the parcel proposed for the Tier 5 amendment previously being assessed under RE # 00112210-000100. This parcel number did 6 not exist at the time of the development of the Tier Map (it was part of a larger parcel with RE 7 # 00112210-000000). At the time of the development of the Tier Classification Map for Big 8 Pine Key and No Name Key, the subject area was federally owned public land and public land 9 was not assigned a Tier designation in the HCP (HCP Figure 2.6). 10
Figure 2.6. Tier classification system in the project area (HCP pg. 44) 11
2020-125 pg. 5
1 The subject parcel is developed land outside existing deer corridors (HCP Figure 5.2, below) 2 and does not meet the criteria for Tier I designation as provided in Policy 205.1.1, MCC §130- 3 130 or the Habitat Conservation Plan, as noted below: 4
5 6 HCP Figure 5.2 Key deer corridor across Sands Subdivision 7 8 The Big Pine Key and No Name Key planning area Tier Maps are intended to be based upon 9 habitat sensitivity identified in the HCP, primarily as represented on the weighted Harvest Grid 10 Map (Figure 2.5 of the HCP). 11
12 13 H-grid data provided by Roel Lopez, PhD. Texas A&M University 14 Subject parcels outlined in blue
2020-125 pg. 6
1 The ‘H’ grid data provided by Dr. Lopez reflects the low habitat value of the subject parcel. 2 The actual ‘H’ values for the area proposed for the Tier Map amendment range from 0.000163 3 to 0.000191 per 10 x 10 meter cell, well below the Tier I mean of 0.000259. 4 5 The HCP describes the habitat description and associated H values that should be reflected in 6 the Tier designation. These descriptions are provided in Table 2.7 (below). 7 8 Table 2.7 (HCP pg. 43) Tier classification system (vacant privately-owned lands) Tier Description Lands where all or a significant portion of the land area is characterized as environmentally sensitive and important for the continued viability of HCP covered species (mean H per 1 10x10 meter cell = 0.259 x 10-3). These lands are high quality Key deer habitat, generally representing large contiguous patches of native vegetation that provide habitat for other protected species as well. Scattered lots and fragments of environmentally sensitive lands that may be found in platted subdivisions (mean H per 10 x10 meter cell = 0.183 x 10-3). A large number of these lots 2 are located on canals and are of minimal value to the Key deer and other protected species because the canal presents a barrier to dispersal. Scattered lots within already heavily developed areas that provide little habitat value to the Key deer and other protected species (mean H per 10x10 meter cell = 0.168 x 10-3). Some 3 of the undeveloped lots in this Tier are located between existing developed commercial lots within the US-1 corridor or are located on canals. 9 10 The site is developed and the mean H value per 10 x 10 meter cell of the historical parcel # 11 00112210-000100 is 0.000178 (0.178 x 10-3). The ‘H’ values for the parcels range between 12 0.000163 and 0.000187, within the Tier III range described above. 13 BPK Fishing Lodge Avg ‘H’ (10m X RE # H Area (square feet) 10m) from TAMU data 00108630-000000 0.0313 292353 0.00011524 00112210-000000 0.2973 1,794,047.6 0.00017838 00112210-000100* 0.0299 180,693 00112210 is the 41 acre parent tract of 00112210-000100 * based on average H of 10X10 m grid of 112210-000000 14 15 Parcel RE # HCP ‘H’ HCP Grid H based Value Tier values Tier 00108630-000000 .000179 - .0313 3 3 .000184 00112210-000100 Not .000173 - 1 3 designated .000191 16 17 18
2020-125 pg. 7
1 In addition to the ‘H’ values described above, the HCP provides qualitative criteria for each 2 Tier. The table below provides the qualitative description of each Tier and a comparison of 3 the site characteristics to the specified criteria. 4 Tier Description Site Characteristics • Lands where all or a significant • The subject parcels are portion of the land area is scarified with NO characterized as environmentally environmentally sensitive sensitive and important for the habitats continued viability of HCP covered • As stated above, the subject 1 species. site does not contain native • High quality Key deer habitat, vegetation that provides generally representing large habitat for Key deer or other contiguous patches of native protected species vegetation that provide habitat for other protected species as well • Scattered lots and fragments of • The subject parcel is adjacent environmentally sensitive lands to suitable habitat, however that may be found in platted the parcel itself is scarified subdivisions and developed land (BPK 2 • Located on canals and are of Fishing Lodge & RV minimal value to the Key deer and campground) other protected species because the • Parcel is not on a canal – and canal presents a barrier to dispersal no barrier to Key deer dispersal is present. • Scattered lots within already • The subject parcel is heavily developed areas that developed land and contains provide little habitat value no habitat. • Some undeveloped lots are located • No commercial uses are 3 between existing developed adjacent to the subject parcels. commercial lots within the US-1 The site does include a corridor or, commercial retail use. • are located on canals. • The site is not located on a canal 5 6 There is no ‘H’ impact associated with the proposed amendment to the Master Plan. The 7 subject parcel contains no native habitat and supports lawfully established transient units. 8 9 The subject parcel has a Land Use Designation of Recreational Vehicle (RV) south of U.S. 1 10 and Native Area (NA) on the small parcel north of U.S. 1. The corresponding FLUM 11 designations are Mixed Use Commercial (MC) and Residential Conservation (RC).
2020-125 pg. 8
RC
NA
RV MC
C
RC SS RL Land Use District Map Future Land Use Map (FLUM) 1 Consistency of the proposed amendment with the provisions and intent of the Monroe 2 County Land Development Code: 3 4 Staff has determined that the proposed tier overlay district (zoning) map amendment is 5 not inconsistent with the provisions and intent of Section 130-130 of the Monroe County 6 Land Development Code. 7 8 Sec. 130-130. – Tier Overlay District 9 (a) Purpose. The purpose of the tier overlay district is to designate geographical areas 10 outside of the mainland of the county, excluding the Ocean Reef planned development, 11 into tiers to assign ROGO and NROGO points, determine the amount of clearing of upland 12 native vegetation that may be permitted, and prioritize lands for public acquisition. The tier 13 boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and 14 No Name Key shall be delineated as tier I, II, or III. Lands in the remainder of the 15 unincorporated county, excluding the Ocean Reef planned development, shall be 16 delineated as tier I, III, and III-A (special protection area). 17 18 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except 19 where a parcel line or distinct geographical feature, such as a canal or roadway, may be 20 more appropriate. 21 22 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries 23 are designated using aerial photography, data from the Florida Keys Carrying Capacity 24 Study, the endangered species maps, property and permitting information and field 25 evaluation. The following criteria, at a minimum, are used to evaluate upland habitats and 26 designate boundaries between different tier overlays: 27 28 (1) Tier I boundaries shall be delineated to include one or more of the following 29 criteria and shall be designated tier I:
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1 a. Vacant lands which can be restored to connect upland native habitat 2 patches and reduce further fragmentation of upland native habitat. 3 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, 4 if indicated as appropriate by special species studies, between natural areas 5 and development to reduce secondary impacts. Canals or roadways, 6 depending on width, may form a boundary that removes the need for the 7 buffer or reduces its depth. 8 c. Lands designated for acquisition by public agencies for conservation and 9 natural resource protection. 10 d. Known locations of threatened and endangered species, as defined in 11 section 101-1, identified on the threatened and endangered plant and animal 12 maps or the Florida Keys Carrying Capacity Study maps, or identified in 13 on-site surveys. 14 e. Conservation, native area, sparsely settled, and offshore island land use 15 districts. 16 f. Areas with minimal existing development and infrastructure. 17 18 (d) Big Pine Key and No Name Key tier boundary criteria. The tier boundaries shall be 19 designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005) 20 and the adopted community master plan for Big Pine Key and No Name Key. 21 22 The parcel in question is developed land outside existing deer corridors (HCP Figure 23 5.2, below) and do not meet the criteria for Tier I designation as provided in MCC 24 §130-130 or the Habitat Conservation Plan. 25 26 Consistency of the proposed amendment with the Principles for Guiding Development in the 27 Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7). 28 29 For the purposes of reviewing consistency of the Land Development Code or any amendments 30 to the Code with the principles for guiding development and any amendments to the principles, 31 the principles shall be construed as a whole and no specific provision shall be construed or 32 applied in isolation from the other provisions. 33 34 (a) To strengthen local government capabilities for managing land use and development so 35 that local government is able to achieve these objectives without the continuation of the 36 area of critical state concern designation. 37 (b) To protect shoreline and marine resources, including mangroves, coral reef formations, 38 seagrass beds, wetlands, fish and wildlife, and their habitat. 39 (c) To protect upland resources, tropical biological communities, freshwater wetlands, 40 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges 41 and beaches, wildlife, and their habitat. 42 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound 43 economic development. 44 (e) To limit the adverse impacts of development on the quality of water throughout the 45 Florida Keys.
2020-125 pg. 10
1 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural 2 environment, and ensure that development is compatible with the unique historic character 3 of the Florida Keys. 4 (g) To protect the historical heritage of the Florida Keys. 5 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and 6 proposed major public investments, including: 7 1. The Florida Keys Aqueduct and water supply facilities; 8 2. Sewage collection and disposal facilities; 9 3. Solid waste collection and disposal facilities; 10 4. Key West Naval Air Station and other military facilities; 11 5. Transportation facilities; 12 6. Federal parks, wildlife refuges, and marine sanctuaries; 13 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 14 properties; 15 8. City electric service and the Florida Keys Electric Co-op; and 16 9. Other utilities, as appropriate. 17 (i) To limit the adverse impacts of public investments on the environmental resources of 18 the Florida Keys. 19 (j) To make available adequate affordable housing for all sectors of the population of the 20 Florida Keys. 21 (k) To provide adequate alternatives for the protection of public safety and welfare in the 22 event of a natural or manmade disaster and for a post disaster reconstruction plan. 23 (l) To protect the public health, safety, and welfare of the citizens of the Florida Keys and 24 maintain the Florida Keys as a unique Florida resource. 25 26 Staff finds the proposed amendment consistent with the Principles for Guiding 27 Development as a whole and is not inconsistent with any one principle. 28 29 In accordance with MCC §102-158(d)(5)., the BOCC may consider the adoption of an 30 ordinance enacting the proposed change based on one or more of the following factors: 31 32 1. Changed projections (e.g., regarding public service needs) from those on which the text or 33 boundary was based; 34 NA 35 36 2. Changed assumptions (e.g., regarding demographic trends); 37 NA 38 39 3. Data errors, including errors in mapping, vegetative types and natural features described 40 in Volume 1 of the Year 2010 Comprehensive Plan; 41 NA 42 43 4. New issues;
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1 Based on the Tier designation criteria in Sec. 130-130 (Tier Overlay District), the 2 HCP, the LCP and the Comprehensive Plan, the subject parcel does not meet the 3 specified criteria for Tier I designation. The property does not contain native habitats 4 (pinelands, hammock or wetlands) and is a developed RV Campground. The parcel 5 does not contain habitat for Key deer and is outside of established deer corridors. As 6 noted in the Staff Report, at the time of the Tier Designation the subject area was 7 federally owned land. Publicly owned land was designated Tier I with the adoption 8 of the Tier Overlay Districts on Big Pine Key. The subject location is no longer public 9 land and is appropriately reviewed for Tier Overlay District designation in 10 accordance with the Habitat Conservation Plan (HCP) and the Land Development 11 Code. 12 13 5. Recognition of a need for additional detail or comprehensiveness; or 14 NA 15 16 6. Data updates; 17 NA 18 19 7. Impact on Community Character: 20 21 The subject parcel has been developed as an RV Campground and supports little or 22 no native habitat. Staff has determined that the proposed amendment to the Tier 23 designation will not have an adverse impact on community character. The Tier 24 Overlay District designation does not confer development rights and is utilized to 25 implement and score ROGO applications, to steer growth and to establish clearing 26 limits. The Tier designation will not impact community character. 27 28 IV RECOMMENDATION 29 30 Staff recommends approval of the proposed amendment as the parcel does not meet the 31 criteria for Tier I designation and is more appropriately designated Tier III in 32 accordance with criteria of Section 130-130(d), the HCP and the LCP.
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1 EXHIBIT I 2 TIER OVERLAY DISTRICT MAP AMENDMENT 3 4 PROPOSED TIER OVERLAY DISTRICT DESIGNATION 5 BIG PINE KEY FISHING LODGE 6 PARCEL 00108630-000000 7 8 9
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Tier Overlay District
t
S S )"33 OVER 33 OVER p I I a I I
III R
M
D
H
C III A
y
E
B a
G I N
l I
O L r e I I I I I v I I O r e i Existing Tier Proposed Tier T y t Planning & Environmental Resources
n We strive to be caring, professional, and fair. u The Monroe County Tier Overlay District o is proposed to be amended as indicated above and briefly described as:
0 Species C RC Big Pine Key 33 Undeveloped Land
Key: Mile Marker: Impervious Surface Salt Marsh e Acreage: 10.9 4 Species
o Tier Overlay Map #: 334 Developed Land r Mangrove RV MC 7 Species 2 Species NA Proposal: Tier Overlay Map change of one parcel of land in Water n Big Pine Key from Tier I to Tier III 8 Species 1 Species Scrub Mangrove 5 Species o Property Description:
C Hammock 6 Species M RE Numbers: 00108630-000000 Beach Berm Freshwater Wetland 3 Species
This map is for use by the Monroe County Growth Management Division only. The data contained herein is not a legal representation of boundaries, parcels, roads right of ways or other geographical data. Land Use FLUM Designation Habitat Type Number of Protected Species
8/19/2020