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).