Item O2�'*Xw F-P11kffiAff1* W W W W-1 SWAV'FALA oil We V
IT'leeting Date- Feb. 20, 2013 - KL Division: County Attorney
rtulk Item- Yes XX No Staff Contact Person/Phone #: Pedro Mercado, 292-3470
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ITEM BACKGROUND: Monroe County passed Resolution No. 165-2011 on June 15, 2011 in an
attempt to curtail the recreational misuse of Bay Drive. Bay Drive ends on the open water and, as a
result, the area was being used for recreational access to the water however, it was also being misused
as a party location. The misuse led to the County passing the aforementioned resolution. Ongoing
h2-4!; Is'i tov'-off tra-iffiz-g-ul, the cu "--fit �Aher ��-'Atoictirf� e-r;, ?-raz cwi
be used.
PREVIOUS RELEVANT BOCC ACTION:
6/15/11 BOCC passed Resolution 165-2011
11/20/12 BOCC continued item to BOCC 2/20/13 in Key Largo to allow for additional public input
CONTRACTIAGREEMENT CHANGES:
N/A
*lyn-IT-219viff".
Approval
TOTAL COST: N/A BUDGETED: Yes XX No
COST TO COUNTY: N/A SOURCE OF FUND:
1 Wllcl
1W
APPROVED BY: County Atty OMB/Purchasing _ Risk Management
DOCUMENTATION: Included X Not Required
IMSPOSITION: AGENDA ITEM #
Meeting Date: November 20, 2012 Division: Counly Attorney
Bulk Item: Yes XX No Staff Contact Person/Phone #: Pedro Mercado, 292-3470
16MINVAIL me two
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CONTRACT/AGREEMENT CHANGES:
N/A
YAW#"W,7.
Approval
TOTAL COST: N/A BUDGETED: Yes XX No
COST TO COUNTY: N/A SOURCE OF FUND:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH
APPROVED BY: County Atty OMB/Purchasing _ Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM # Q-2
* REVISED BACK-UP *
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KEY LARGO, FLORIDA
WWREAS, the end of Bay Drive has been and is currently used by
residents and non-residents alike to access open water however said access is being
misused and creating a nuisance; and
WHEREAS, on the 15'b day of June 2011, the county passed resolution
number 165-2011 to attempt to curtail the n-fisuse of Bay Drive by limiting the hours the
Bay Drive can be used by the public; and
IWAFREAS, the county finds it to be in the best interests of its citizens to
further limit the hours that Bay drive may be use by the public in order to further curtail
its misuse,
o)il pull"a WA 3 KI) k _Y.."'IW V:
Section 1. The following rules are established for the use of Bay Drive,
Sunset Point, PB2, Page 81 i V k" 0' M`H
Key Largo, Florida:
1. The area is open to the public Monday through Friday, excluding
holidays, from 7:30 a.m. until sunset. The area is closed to the public
on Saturdays, Sundays and holidays.
2. No alcoholic beverages are allowed.
3. No glass containers are allowed.
4. No person shall cook or light or maintain any cooking fire, campfire,
or other fire, except in county -provided permanently installed grill
structures.
5. No animals are allowed in the area except for service animals.
6. Commercial activity of any type is prohibited.
7. The Director of Facilities Maintenance must post signs in the area of
the above rules.
Danny L. Kolhage
George Neugent
Heather Carruthers
David Rice
Sylvia Murphy
UT 101 -0 . ; to [6140
Ulu,-
Signed this - day of
RE: OPPOSITION TO RESOLUTION 02
February 20, 2013
Dear County Commissioners,
We are opposed to this resolution establishing additional rules for the use of Bay Drive, Sunset Point, Key Largo, FI.
Please do not take any further action decreasing public access at Bay Drive.
I am writing this letter to give you an update on a proposal that was made at the November meeting in Key Largo and
postponed until the February meeting. Item Q2 from November, referred to the closing of the right of way in the Bay
Harbor / Sunset Point neighborhood on weekends and holidays. This was postponed in order for me to try to get our
neighborhood supporting one resolution.
As imagined, this has been a difficult process to accomplish in just a few short months. To date, we have formed an
association for Sunset Point and have tried to meet with Bay Harbor Association to reach a compromise within the two
small sections that join together to make up this little three street neighborhood comprised of about 50 homes. We
were unable to meet with the other association. We were told they would like to see what happens at the February
meeting before they talk to the members of their association.
Bay Harbor has two private beachfront parks and Sunset Point residents are not allowed to join this association. Sunset
Point has a 60 foot right of way to access the bay as a beach and a separate area designed for a boat ramp and dog park.
Originally, the right of way was an open area. As the years have gone by, the land was fenced and is now locked,
opened at 7:30 and locked at dusk by the public works department. Sometimes there is no one using this strip of land
and at other times, unfortunately, this little strip of land is over crowded due to advertisement by local businesses and
the internet. It is a right of way, not a park. It has trash cans and signs, but no one to uphold the rules.
We have tried to come up with a few solutions to be able to monitor and protect the integrity of our little subdivision.
First, we were hoping that the county could possibly lease the right of way to Sunset Point Community Association. We
would monitor and uphold the regulations to protect and preserve the area for the neighborhood. Our second choice
would be to limit the parking to three spaces. This would help keep the volume down on the small area. Lastly, our
community does not want this access closed. Many homeowners purchased with the understanding that they could
walk to a beach to swim and enjoy the scenery. We are concerned that this would diminish our property values.
At the meeting on February 20`h, I will be passing out an aerial map of the neighborhood so you can best understand our
situation.
As a footnote, it should also be recognized, that many of the homes in the Bay Harbor side of the neighborhood, are no
longer permanent residences, but rented out and those renters are allowed to use the private park. In fact, there are
times that the volume of cars and needed parking coming into the neighborhood for events like weddings have grossly
encroached on the concept of a residential neighborhood. Attached are some photos taken on January 19`h and 20th
the Martin Luther King Holiday weekend. Please see photos and note, there are no people at the 60 foot, Bay Drive
access area, yet the neighborhood is quite full of cars from holiday weekend rentals.
Thank you for your time and understanding,
Tamara Green
Sunset Point Community Association
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EXCESSIVE TRAFFIC IN THE NEIGHBORHOOD FROM WEEKEND EVENT RENTALS. TRAFFIC NOT FROM BAY DRIVE BEACH ACCESS.
Car parking for MLK Wedding Event in Bay Harbor Subdivision.
Intersection of Sunset Rd & N. Bay Harbor. Bay Drive on right.
The next morning on N. Bay Harbor, looking towards Bay Drive All parking for Event. No one at Bay Drive beach access.
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