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Item G7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 21 June 2001 Division: Growth Management Bulk Item: Yes X No Department: Marine Resources AGENDA ITEM WORDING: Update concerning potential means for improving access to a canal in Bermuda Shores, Key Largo. ITEM BACKGROUND: At the May BOCC meeting Commissioner Nelson requested that staff look into options for improving canal circulation and access for a canal in Bermuda Shores, Key Largo. The attached staff report outlines preliminary findings concerning this issue, PREVIOUS RELEVANT BOCC ACTION: May 2001 - BOCC request to look into options for improving canal access, CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: No further action at this time TOTAL COST: NA BUDGETED: Yes No COST TO COUNTY: NA REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty NA Risk Management _ NA_ DOCUMENTATION: Included X To Follow of Growth Management A'/~/ ' b 'it lor' DIVISION DIRECTOR APPROVAL: Not Required_ AGENDA ITEM # c:< -C 7 DISPOSITION: Memorandum Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Voice: (305) 289 2507 FAX: (305) 289 2536 Email: garrettg@mail.state.fl.us Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tem Nora Williams, Dist. 4 Commissioner Dixie Spehar, Dist. I Commissioner Sonny McCoy, Dist. 3 Commissioner Murry Nelson, Dist. 5 DATE: 12 June, 2001 TO: Monroe County Board of Commissioners FROM: George Garrett, Director of Marine Resources SUBJECT: Water Flow Improvements - Bermuda Shores, Key Largo Background At the request of the Commission, the Department of Marine Resources was asked at the May 2001 BOCC meeting to investigate the possibility of making improvements to the water circulation in one canal in Bermuda Shores, Key Largo. This canal lies between Bowie and Crane Street within Bermuda Shores and runs perpendicular to Boyd Drive. Petitioners from Bermuda Shores and the adjacent subdivision of Cross-Key Waterways Waterways requested that the canal in question be opened to additional and better circulation. The petitioners indicate that the connection between the canal in question and another canal leading to open water has been filled in over time, either by the current adjoining owner or previous owners. Thus, they indicate that water access and water quality in their canal is being degraded. Update since BOCC Request Permitting Issues Staff discussed any prior permitting history and the possibility of opening the canal in question with both of the responsible permitting agencies, Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of BCD 1 0661.doc 06/11101 3:34 PM Engineers (ACOE). Both agencies have representatives with extensive knowledge of the permitting history of many wetland projects in the Keys. In this case only the ACOE, Vic Anderson remembered any specific permitting issues with regard to the canal in question. Generally, Mr. Anderson indicated that the canal in question was deep, resulting from use of the dredge spoil from the canal to create adjacent land, and that actions by theACOE in the past had kept this canal closed. In fact, in a letter dated 12 February 1997, ACOE representative Chuck Schnepel indicates that the canal in question was required to remain closed by consent order. Mr. Schnepel' s letter also states that the canal is not currently legally open. Though there is no current case to close the canal at this time, apparently the access point out of the canal in question has either been opened without a permit or the adjacent land has eroded to its current condition. Petitioners to open the canal indicate the contrary that the canal is being filled in. Should the Bermuda Shores property owners choose to seek a permit to legally open the canal in question, they face the same hurdles that other plugged canals have faced in the past. Generally, they were not originally permitted to be opened because of their excessive depth. They exist, because, in some part, wetland laws at the time that they were created allowed the dredging up and to the point at which a breach was made to navigable waters. At that point, breaches were allowed or not based on permitting criteria at the time. Principally, many of the canals created in this way were simply too deep to pass the permitting test. Permitting regulations have not changed substantially in this regard in some 25 years. If anything they have become notably more stringent. Generally, the way such canal system may be permitted for opening is to shallow them substantially, up to four to six feet. This very issue is the subject of a comprehensive study about to be undertaken by the County. The firm of Law Engineering will do a complete inventory and assessment of canals throughout the Keys to determine how to improve water quality generally, and whether there are reasonable conditions under which plugged canals, such as that in Bermuda Shores, can be legally opened. Neighborhood Issues The petitioners before the BOCC, requesting that the canal access be improved and the current owner of at least one of the properties adjoining the plug in the canal have significantly differing views of the issue. On the one hand, the petitioners indicate that the canal has been opened and that it is now being filled in. The adjoining owners indicate and document that the canal is not supposed to be 2 open and that legal action by the ACOE had closed it in the past. Staff's own investigations indicate that this is probably the more accurate view. Documents from representatives of both the adjoining property owners are provided for the Commissions' review. Other Issues There are other issues, not particular to the canal in question, but to the subdivision that can help to improve water quality to a limited degree in the canal system in question. At least one if not two culverts have connected canals in Bermuda Shores with those of Cross Key Waterways in the past. These culverts have either been overgrown or have been collapsed in past years and do not currently function. Certainly they could be improved again. Recommendations Staff does not believe that specific action should be taken at this time. Permitting is an issue and several things would have to be done before any additional canal opening could occur. However, additional investigation concerning the character of the subdivision and possibilities for additional improvement should be undertaken. In addition this area should be a part of the current canal investigation being undertaken by Law Engineering. We have a list of all plugged canal systems in the County. This one is on it and will be thoroughly investigated as part of Law Engineering's recommendations for improving canal water quality in the Keys. 3 /-; , 'n" ~)k:;--e V --j c~ .2.2-?--.. !~~CCX ('- cJ '---'451- i l..{ oLf / V 29 /' i 'Ie Cn,"~ _J.' e-/~J ) Names on Petition: l --rz> "';____.-2-;'L-' '--'"" F "'!""- b J 1. Sally Heichelbech- 48 Gordon Circle- 2. Harold Heichelbeck- 48 Gordon Circle 3. Elizabeth Fye- 50 Bowie Lane- 4. Yon Fye- 50 Bowie Lane- 5. Maria Raymond- 45 2nd Ct- address is not even close to affected canal, in another subdivision(X) 6. Unknown name-480 Bowie Lane- 7. Bradley Rogers- 462 Bowie Lane- 8. Donald Parrish- 300 Boyd- 9. Kelly Parrish- 300 Boyd- J O. Harry Porter- 450 Bowie Lane- House is for sale(X) 11. Mabel Porter-450 Bowie Lane- House is for sale(X) 12. Vicki Hilow-464 Gordon Circle- 13. David Powell- 464 Gordon Circle- 14. M. Tobin- 52 Bowie Lane- 15. Carol Sepelloica- 52 Bowie Lane- 16. Robin Day ton- 58 Gordon Circle-Not on afiecleU canai 17. David Dayton- 58 Gordon Circle-Not on affected canal 18. Mr. & Mrs. Lee Spinks-456 Bowie Lane- 19. John Boyce- 724 N. Lake Dr. - address is not on affected canal(X) 20, Teny De Roy-Gustafson-363 Crane St.- 21. Willber Gustafson- 363 Crane St.- 22, Theresa Spiegel- 361 Crane St.- 22. Joseph Spiegel- 361 Crane St. _ 23. James Wey- 373 Crane St.- retracted signature, did not understand,!!Q! in favor(X) 24. Natalie Wey- 373 Crane St- same as above(X) 25. J. Walsh-tOt6 Crane St-monthly vacation rental, these signatures are ~ the property owner 26. M. Walsh-tOl6 Crane St.-monthly vacation rental, not the property owner 26. P. Moxham- J53 Crane St-This is the renter's signature. Property is for sale(X) 27. Joel Cohen- 365 Crane St.- Property is for sale(X) 28. Amanda Lynch- 369 Crane St- were told petition was to clean canaL (X) 29. Morgan Lynch-369 Crane St. -same(X) 30. Amy Lynch-369 Crane St- same(X) L~&t.-rv~~~L ~~~~ /1 0 '. ~ ~ _ ...J- L/ k"'t-;'4c.. ~1_ '""'--"---t ,...-pEOPLE LIVING ON THE CANAL WHO ARE AGAINSt THE OPENING O~; TH.t: ...-/ CANAL: J 1) Joseph Piazza-155 Crane St 45t-1401 )" 2) Pauline Piazza-155 Crane St 451-1401 3) Jim Wey- 373 Crane St. 451-0690 4) Natalie Wey- 373 Crane St 451-0690 i 5) Ken Shields- 371 Crane St 451-5773 ! 6) Connie Shields-371 Crane St 451-5773 1 I 7) Ralph Prenesti- 357 Crane St. 451-4859 "-d)Joanne Prenesti-357 Crane St. 451-4859 )Nick Coldwell-476 Bowie Lane 453-09.i1 ) Barbara Coldwell-476 Bowie Lane 453-0911 DONALD A MENDEZ ESTATE Nick Caldwell / Executor 476 Bowie Lane Key Largo, FI.33037 I I~: ~ -~ MAY 2 2 2001 Mr. Murray E. Nelson County Commissioner District 5 Damaron Building, Suite II Key Largo, Fl. 33037 Re: Petition by residents of Bennuda Shores and Cross Key Waterways subdivisions. Dear Mr. Nelson; This letter is written on behalf of the Donald A Mendez Estate as owner of Lot # 129 of Bennuda Shores and on behalf of Joseph and Pauline Piazza as owners of Lot # 155 ofBennuda Shores. We are responding to the above petition and express our mutual opposition to the same. We believe the facts as presented here will demonstrate that the petition was presented to the Board of Commissioners with false and misleading infonnation and lacked a true picture of the circumstance surrounding the Bowie Lane / Crane St. Canal. The above petition as worded indicates residents of both Bennuda Shores and Cross Key Waterways are requesting the Boards consideration in this matter. We would point out the location of the Bowie Lane / Crane St. Canal as being situated in Bermuda Shores a separate subdivision. Cross Key Waterways residents are un-affected and therefore should not be involved. Please refer to exhibit 1. The petition wishes to remove a bulkhead, stated to have been built up, by property owners over many years and cutting off water flow. In reality the opposite is true. When the Bermuda Shores Subdivision was built the developer over dredged this canal to a depth of 60 feet + or -. The Army Corp of Engineers required a dike to be built at the west end of the canal. The dike still exists today, Though over the years some property owners have removed a portion of the dike no property owner has attempted to close this opening. This opening as it is today has existed for many years. It is approximately four feet in width with a depth at low tide of 12 inches and runs through the dike for approximately 25 feet. Please refer to exhibits 2 & 3 aerial photos. These photos were taken in the mid to late 1980's. It is stipulated in the petition that the owner of the last lot has attempted to fill the opening without a permit. It also states that the 00- permitted filling has stopped the natural flow of water into and out of the canal, Again, please refer to exhibits 2 & 3. These photos are representative of the status ofthe opening in the 1980's and if the Board would visit the site with photos in hand it could verifY for itself that the size of the opening remains the same today. Now, I should point out the fact that as a matter of publ ic record, both property owners at the end of the canal privately own all of the property, which fonns the dike. This fact alone should make this matter null and void. Other exhibits are included with this letter to further disprove the stipulation that the owner of the last lot committed any wrongdoing. Exhibit 4. Is an Indenture, which is part of Official Records 904 Page 755, The highlighted area stipulates the existence ofa plug at the west end of the canal. Exhibit 5. Is a copy ofa letter issued by the Department of the Army and dated February 12, 1997. This letter, sent to all residents in the affected areas, states the Departments position on all canal systems that have been breached. Exhibit 6, Is an easement, which is part of Official records 735 Page 561. The highlighted area shows the date, August 29. 1977. The document is presented to again establish the long time existence of a dike at the west end of the subject canal. Mr. Nelson, we have herein demonstrated that the petition before the Board and under investigation is presented to the Board with both inaccurate and ootrue infonnation. This we believe is designed to mislead the Board for the benefit ofthose residents participating in this petition. The fact that we were not notified of the existence ofthe petition demonstrates a hostile attitude on the part of those residents participating in the petition. Per exhibit 5, a letter from the Department of the Army it will be necessary to secure a Department of the Army pennit in order to take any step regarding this canal, People have been trying for 30 years or more to change the status of this and other canal systems without success, The status of the Bowie Lane / Crane St. canal was determined by the Department of the Army many years ago. We agree with that position and do not wish to see it changed. Thank you Sir for hearing our position and reviewing the infonnation we submit. Respectfully, ~ID' Donald A Mendez Estate ~4J(p CD c a3 () '0 Q) C) CD :J c.. ~ o "C c: Q,) (;) Q) ~ ~~ We:: (l)W o~ 5$ <( Ow ~w :;etr: 0::0 w:r: aJCI) (/) >- w ~ z ~ ~ J!Q!lfX3 1". _.~~- ~ OON o lTN--- !~ co i~<nt.n N ~g;;J~ ~;~ .~ iLO U') 98 -9 g...- ._-~.,~-~-- --- .. f"f"'l :: ES ~ tr lO;: 900 ~9S ~ - -~-- 'V 0179 ~ ~r i.!"2 '"900 ~ g9 ~ 'f" --co--~--~- 8 :g Lt) ~~~ ~ --""U'JO'-~ . t U')o~~ . ",~ ...-t:.i,;.;:' ' 'e1='- i ~:-:";l_'.'}A.~k;~~$~~;;,~ ~~<--~~SE:f:__'.'--.'-.-"':',' ',", ':,:,.,,',1 - ~4-___~_____~==-=-.:.... ~ ~ v ~ LO _~v '.:.. '- ' ~, "- .......-....---~~~~.- :: ---.; --..._--~ r.- , ~}~~ij~lti~!~~~~;~;~~! -~E, ~'I ~ = ~~ -'I~-~.~,~~----"Si----v ip,--=t~~ ~;~~l~~--~l-?'~;- {~ :-J-:~~--~~ , ~ - ~.. .. ~ _." . '. c. -.- ._---~~.~ ~.:e .....0 .=:. e: U__ -lI;.-" ... =~ ;---- ----,.----- .. ~ =: =- ;- _Io!:[] ~'tltY_~ ~- - __ :~_~~,_.._--=- __ .... ,'.1 _~ ~;::: .:1: ~:;; ..- I-~... ~~ ';'.' ~ !:! ..,,",:, -~_ - - '" ~ .,. -_,...~--=-= -:r--ri .,~~~ ~, _ _ ~ 'i ~ ~'i. _ __ ~l". ":' T~ - ~ - '----=~i=-r; ,- :-:.-i~--~: =!-r==--~-~~ '~'c . ' -~.!~ -2..2,;L.... -;'_ ~l~ ~L.; --.;.= ':L ~ "-::-. EXIBIT 2. ...... ~ ,. .~;~,."",..,~,J,- ~'---- ._-~ '~',- -=----~ .- -,~'" AERIAL PHOTOGRAPHS OF THE WEST END OF THE BOWIE LANE/CRANE ST. CANAL AS TAKEN IN 1988 m >< - CD - -I VJ )> m ::0 )> r- '"0 I o -I o - z ~ CD (X) CD STATUTOIY F. 5, 619.02 RAMCO F"ORM 5 IPHO' OJ ,.. o~~.-" ~ fi ; I--,~t~) I 33970B xi ;'\f' fJ"'E FJ"J This Jndtnlurt, i !; i ,I 'I Ii II /1 Ii Mad" litis 21st da)' of February . A. D, 1984. Jttween Harry Grigsby and Betty M. Grigsby. his wife, Post Office Box 38-126, Upper Key Largo, Florida 33037 of the Counl)' of Monroe . in Ille Slale of Don A. Mendez and Sonia Mendez, his wife Florida . parlies of Ihe first part, and of Ihe Counly of Dade in the State of Florida 3205 West 16th Avenue. B-44, Hialeah, Florida . whose post office address is II " '! parties of Ihe second porI, ltfilnesseth, ThaI thl' said part ies of the firsl part. for and in considcl'Cltion of the sum of TEN &~D NO/lOO______aDd_Qther_yalyahle_cQ~~deral~QD~___________________ Dollars. to them in hand paid by the said parties of the second part, the receipt whereof is herebyaclmowl- edged, /10 ve granted, bargained. and sold to the said part ies of the second part. their heirs and assigns forever, tIle following described land. situate. and heing in the Counly of Monroe State of Florida . to-wit: Lot One Hundred Twenty-seven (127) of BERMUDA SHORES, according to the Plat thereof, recorded in Plat Book 6, at Page 70. of the Public Records of Monroe County, Florida. SUBJECT TO conditions, restrictions, easements and limitations of record; all applicable zoning ordinances and unpaid taxes. _ -;:::;mc;' -('('~d: ~~_~ C1. ~ _'~~ c ", }'-012r~~SJ7~,.n-~i. ;~i.c, r- :~~ ~~ ,~ fj/ll dLL-.tF,,~'--J:/1"~- N -iuo I ! 1-- cr:: .. -~ L-/ ! en And~e sati~ ies of tlte first parI do herehy fully warrant the title to said land, and will defend the 1-- sam~gaing thfi.lawiul claims of all persons whomsoel1l?r, I In lIfilness .hereof, The said part ies of the first parI l1a ve hereunto sel I hand s and seal s the day year first above written. I eas ~~'.nC..I,-;:>t2f~;t?:.,z:t.5?!vlf/.u.m. I ...~/,7!ail/,f<L,,;..7.(m IlJit11.....m.m::. ,~;.~'4~4:.._t;i~f4?,;;t~...... ! Wi triess ,,-- Bett;y'H. Grigsby // (/ I STATE OF FLbRIDA, I : COUNTY OF MONRoEXIBIT 4. -----OR 904 PAGE 755 . .__~__=-___ l;_~~ .& ....I..IJ.n...Lou... .....~...'".&....I.y that on thiS day" befoJ"e mr:1 an , officer duly authorized in the stite'aforesald and ill II.", a......J>t) .f-or...a.icl to t~"~ "rh1Qw]~~ents,._~~nally ap~d.. Harry Grigsby and Betty M. Grigsby. his wife , .--~. , to me known to be, the P"CnonS deKribed in and who enevted the for~ing intuument and they ~ledpd ./ ';,'. . ~ ., -,,- '. . . :.:1- .. ; ,," ; DEPARTUCNTOFTHE NWf. MIMII FELD OffICE. naD N. lCEHDAlJ,: OlIVE. .sum: tCM ..,".~ R.ORIlMaUl"i~,,'. . MIV 10 A11IImOM OF lle9Ulatory Division s~t.h Pendts Branch ..FEB 1 2 1997 ,.,EXIBIT 5. Responce from the Dept. of the Army to Mr. Piazza' request. re: position ' This Easement is granted relative to property located in BEffi'RIDA SHORES subdivision, according to the Plat thereof, recorded in Plat Book 6, at Page 70, of the Public Records of Monroe County, Florida, and refers to a cffi1al located in the Bermuda Shores Subdivision above, as well as a canal between the Bermuda Shores Subdivision above and Twin Lakes First Addition, a subdivision, as recorded in Plat Book 5, Page 68, of the Public Records of Monroe County, Florida. This Easement is a perpetual Easement which will run with the land unless terminated as set forth below. JNE, INC., a Florida corporation, grantor, does hereby grant to CHARLES GOSS, his heirs, successors or assigns, grantee, for Ten Dollars ($10.00) and other valuabl~ consideration, receipt of which is hereby acknowledged, a right of way and easement for the installation and continued operation, maintenance, repair, alteration, inspection and replacement, to install a conveyance which will provide c-, ~ .---., for boat mQvement bebveen the main canal c-md the branch capal.-over~ ~3 ~ ~: UJ 5 and/or through the presently existing dike located at th8J JUou..:t]1 ~,::: r- t:;: c.:.:: ::-=a the branch canal existing at the present time between Lo~ ;fgos'oJ 12:58 - -- -- CL . C~ ~-l ~___ --J ~ and 155. Said conveyance would exist to serve lots within~the a~e -- -- ~ u:: c::: C~ ~ : ~ subdivision, identified as Lot Nos. 129 through 140 and 141 tl;1roug.n 155 LDclusively, of the above subdivision. Such boat conveyance would lEXIBIT 6. DOCCUMENT OR 735 PAGE "S61-)ranch above Establishing the presence of a plug 'en subdiv:, _ _ _____ _ _ Cit the west end of the BOWIE LANE I Crane St. canal. waters 01 tl.1acK\....al..el' 0UUlIU. CR.Y}al 't"tle above M to the co N '.l'111s Ea'!lemeI?-t.;Hisbeing grant,ed on the express condition - D pi~I~QW~~""r\tl , "Ill! I JJf - 5 . 'i, III ~~Lr~ ~ Mr. & Mrs. Joseph Spiegel 361 Crane St Key Largo, FL 33037 June 4, 2001 Commissioner Murray Nelson Damarron Building Key Largo, Fl 33037 Commissioner Nelson: Subject: Canal in Bermuda Shores On May 16, 2001 several residents of the Bermuda Shores development appeared at the commission hearing in Key Largo in order to petition the board to allow for the free water flow into a plugged canal which is bordered by Crane St., Boyd Drive, and Bowie Ln, (also known as Gordon Circle). This canal has always had "some" free water flowing until it apperars that some residents have chosen to place fill extending the properties at the end of this canal and restricting the flow of water. Over the past several years, the opening has gotten smaller and smaller, I am enclosing pictures and plot plan of the subject area which shows the width of the canal and the restricted opening. You can see from the plot plan and lot dimensions that the land should not extend so far into the canal. We ask that you approve the removal of any bulkhead which was illegally added. We have supported you at a time when you petitioned for our votes, now we ask you to support us in our petition, Thank you very much for your cooperation in this matter. Sincerely, ~ .4Y1_~~ '7~f(J~/ . . Theresa SPiegel. ( ~ ~ a-(,)~) L-fS-/- 37?;,b ,;;. O? d- I" ,-; l~tJ~' . I I J I \!) ~l ~! o.oa~ ..I ) -I '-- I -- 'T-17?:"Dlr-.. _ ~. 11 _. ! i,:- r' ~ ,1! \ f Iii 1 E-~i \ I 1l ia i i . .t I '" r I ~ I i 1::1 I ~1 j C \ v' I ..I 1 i ..l ~I I 00, JI' L #! .: j! 11 ~!, I ... ~ I~ . Li ; 1 . I :lI . I i .. ~ I .J J i a,i ~! :J ~ .f r- .J Vi \; I I , ! ~ -.-- ~ ~<<-- Mr. & Mrs. Joseph Spiegel 361 Crane Street Key Largo, FL 33037 June 5, 2001 Dear Mr, McGary, Thank you for granting me the time to share the concerns of the residents who live on a canal in the Bermuda Shores development. As I explained to you, the opening to the canal has become smaller and smaller over the years. After the canal was plugged several years ago, the canal had an opening of about 10-12 feet wide and had a depth of about two feet. The enclosed pictures will show the encroachment of the bulkhead, which is restricting the free water flow, The Monroe County property records show the dimensions of Lot 128 & 129 (476 Bowie Ln,) to be 40 x 100. It is clear to see that this property extends farther than these boundaries into the canal. It is hard for me to calculate the boundaries of the property at the end of Crane Street as the records show the dimensions in square feet. The residents around this canal have signed a petition to have this canal reasonably opened to allow the free water flow, which in turn would afford a cleaner and healthier environment. Thank: you very much for any assistance that you can extend to the residents of this area, Sincerely, // AL?1~~ c':'r~:;_oj 0[-- 0 - '-' Theresa Spiegel Enclosure fD)&@&o\YJm~ Ul1 JUN - 7 20 tEJ GROWTH MANAGEM en: c '" .. -' (' => , . ~ '_.6/ ~!, I ... ~ I~ . Ll ; t :lI : I ! i ... ~ .l I I l Q.i ~! :J j .f r- .J I~ Vi \: I 1 I , , ! - I. :-: -'~~~f~~~ --:-~~