Item E4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
January 18,2001
No X
Division: Growth Management
Department: N/ A
AGENDA ITEM WORDING: Consideration of staff recommendations on mowing of lots within Port Pine
Heights.
ITEM BACKGROUND: The Port Pine Heights Subdivision Property Owners Association, Inc., has requested that
the County enforce provisions of Section 8-30 (b), Monroe County Code, which requires that vacant lots within
platted residential subdivisions be mowed every three months to remove high grass or weeds. The Association is
concerned about the appearance of their neighborhood and potential fire hazard created by the buildup of flammable
underbrush on these vacant properties. It has even offered to mow for one time at its expense, the 21 ROGO lots
owned by the County and to take over management of County, state, and federal lands within the Port Pine Heights
Subdivision.
The reason the County has not rigorously enforced Section 8-30 (b), because its provisions conflict with the
requirements of the Comprehensive Plan to retain these areas for conservation purposes. ROGO lots are explicitly
dedicated to the County for conservation, as are the CARL and U.S. Fish and Wildlife lands. In addition, the entire
subdivision is located within the Coupon Bight/Key Deer Carl project.
After a short briefing by staff, the BOCC will be asked to consider several recommendations to address the issue.
PREVIOUS RELEVANT BOARD ACTION: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: To be determined.
BUDGETED: Yes
No
X
COST TO COUNTY:
To be determined.
APPROVED BY: County Attorney N/A
Risk Management
N/A
DIVISION DIRECTOR APPROVAL:
Timothy J. McG
r of Growth Management
DOCUMENTATION: Included
X
To follow
Not required
DISPOSITION:
Agenda Item #:
A-~lJ
County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
Board of County Commissioners
Mayor George Neugent, District 2
Mayor Pro Tern Nora Williams, District 4
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. Murray E. Nelson, District 5
Comm. Dixie M. Spehar, District I
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Timothy J. McGarry, AICP /II
Director of Growth Managemetq't
DATE:
January 2, 2001
Subject:
Mowing of Vacant Lots within the Port Pine
Heights Subdivision (Big Pine Key)
Summary and Recommendations
Monroe County owns 21 lots in Port Pine Heights (PPH) subdivision that were dedicated by
RaGa applicants. The PPH Property Owners Association proposes to mow these lots one time
only for no charge. The Association also requests that the County enforce Section 8-30(b) of
Monroe County Code to require that all vacant lots in PPH, including government lands, be
mowed on a quarterly basis. For the reasons outlined in this memo, staff recommends that the
Board take the following actions:
1) Respectfully decline the PPH Property Owners Association's offer for mowing and
authorize the donation of the County's 21 lots to the State of Florida for inclusion in the
Coupon Bight/Key Deer CARL project.
2) On an interim basis, authorize the mowing of five-foot fire breaks along the property line of
those County lots located next to developed property .
3) Direct the Growth Management Division to prepare an amendment to Section 8-30,
Monroe County Code, eliminating the mowing requirement for all vacant lots in residential
platted subdivisions situated within public acquisition areas.
Background
Port Pine Heights (PPH) subdivision is located at the northern end of Big Pine Key, approximately
4 miles from US 1 and surrounded by Refuge land. This subdivision pre-dates the 1986
Comprehensive Plan. In the process of building the subdivision, the developer scarified most of
the land. Following environmental concerns over the development in 1989, the Federal
government purchased the last 12 contiguous blocks that were in the process of being bulldozed
and dredged.
C:\DOCUMENT\AGENDA\pphland.doc
Until approximately four years ago, all the vacant lots in PPH except the 12 Federal blocks were
maintained in a mowed condition by the PPH Property Owners Association at a cost of $6,400 per
year. Once the subdivision was included in the CARL Coupon Bight/Key Deer project and the
State began purchasing lots, the Association discontinued the mowing program and the land
began to re-vegetate with native plants. Most of the lots in public ownership are currently in an
interim stage of transition from a mowed condition to a state of secondary succession and
revegetated predominately with the colonizing species Jamaica Dogwood along with pineland
species of locust berry (endangered) and acacia. [Exhibit 1 shows examples of PPH lots in three
stages: mowed, transition to native vegetation, and complete native vegetation.]
To date approximately 43% of the lots in PPH are vacant land in public ownership, 34% are
developed, and 24% are vacant land in private ownership, as detailed below:
275 (34%) developed lots in private ownership
97 (24%) vacant lots in private ownership
217 (27%) vacant lots in State ownership (managed via lease with US Fish and Wildlife Service)
95 (12%) vacant lots in Federal ownership (managed by USFWS)
-.1.! ( 3%) vacant lots in County ownership (managed informally by USFWS)
805 lots total
Of the three government owners, Monroe County has the smallest holdings (21 lots) and has only
acquired lots in PPH as dedications from ROGO applicants. Except for scattered concentrations,
most lots under public ownership are dispersed throughout the subdivision as shown on Exhibit 2.
All of PPH subdivision is located within the State CARL Coupon Bight/Key Deer acquisition area
and is included within the Administrative Boundary of the National Key Deer Wildlife Refuge. The
majority is zoned Improved Subdivision and has a Future Land Use Designation of Residential
Medium, except for the Federal lots which are designated Conservation.
Request by PPH Property Owners Association
The PPH Property Owners Association would like the vacant lots in the subdivision maintained in
the traditional mowed condition. [See letter dated November 17, 2000, as Exhibit 3.] The
Association has offered to mow the County lots one time only for no charge and requests that the
County enforce Section 8-30(b) of Monroe County Code to require that all vacant lots in PPH,
including government lands, be mowed on a quarterly basis. The Association cites concerns
about aesthetics and fire hazards associated with the recent vegetation growth. [See letter dated
April 12, 2000, as Exhibit 4.] As with many issues in the Keys, this one is not without controversy.
There are a number of PPH residents who oppose the mowing.
Staff Analysis
While it is true that Section 8-30(b) of Monroe County Code requires that all lots within platted
residential lots be mowed (to reduce high grass and weeds) and all debris cleared every three
months, the County has only enforced this requirement on a complaint basis or through
comprehensive neighborhood cleanup sweeps. This mowing provisions of this Section of the
Code have never been applied to require mowing of the 12-block area of PPH purchased by the
federal government in 1989, CARL and County ROGO properties or, for that matter, any
residential area within public acquisition areas.
C:\DOCUMENT\AGENDA\pphland.doc
The County's 21 lots in PPH were dedicated by ROGO applicants for conservation and resource
protection pursuant to section 9.5-122.1 (a)(5) of the Code. In the absence of a management plan
addressing biological impacts, mowing is an inappropriate activity for lands managed for
conservation and resource protection or for those properties so designated for future acquisition,
since it may irretrievably damage regenerating native vegetation and habitat for endangered and
threatened species. Therefore, on vacant private property within these acquisition, property
owners would not be required to mow their lots, but may do so if they so desire.
Public lands in PPH owned by the Federal, State, and County governments should be managed in
a comprehensive manner. The County has the smallest holdings of the three governments.
Rather than setting land management policy on a piecemeal basis, the County should convey its
lots to the largest owner, the State of Florida, to facilitate a comprehensive approach to
management. The management plan for the State property, which has yet to be written, will
consider the issues involved and mayor may not allow mowing. In the interim, for those County
lots next to developed property, the County may wish to allow mowing of a five-foot wide fire
break.
C:\DOCUMENT\AGENDA\pphland.doc
~ \..\vab\e Comm\l"\Keys program
Port Pine Heights
3 Stages of Transition
Monroe County
Planning and Environmental
Resources Department
EXHIBIT 1
1;(1 Uvab\e Comm""\Keys Vtogtam
Port Pine Heights - Public Ownership
N
A
This map is for MDrV'oc County 6rowth Management Division purposes only.
The data contained herein is illustrative only ond may not CICaJI'Otely depict
boundcll'ies.parccts, 1"OCIds. right of ways, or iclentifiartion illformotion.
LEGEND
.
D
.
.
Public Ownership - Monroe County
Public Ownership - Other
Monroe County
Planning and Environmental
Resources Department
Vacant Privately Owned Lots
Existing Residential Uses
[
EXHIBIT 2 ]
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Jl)e AlIlbrose
IiJOOl
Exhibit 3
PO..... PINE HEIGHTS
PROPERTY OWN.as ASSOCIATION, INC.
....0. -ox 430MI
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11$ he$~, 1at: 91_ ~1I'IU1da::ft~
)faay 1..ou JI:l~J:"". ~.. Vic!\1! JlhIISldIMS
--.". ..._, ....,.b.."
lluQl.d II1Uk, 'l'nuurer
J~ ~h!le, Qtreato=
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KaU. ~, Di~t:or
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November 1'" LIJfJU
Monroe County Land Authority
Att'n Mark Rosch
neilt' Mr, ~os('M
The Board of Direotors of the PPHPOA is requestinq perm18sion
to on a one t1~o only at their expense permission to mow the ROGO
properties located within the Port Fine II.iqht~ 3ubd1vision. This 1~
in accordance with the County's own ordinance 3-80 which requires
vacant lots to be mowed at least every 90 days. There are
Approximately 21 Lot~ owned cy the county located in the Port Pine
lie1qhts Subdivislon, I eouJd :tf the county is willing to allow us to
cut the properties, give a list of these properties 1e: street name.
We are also in tl:t; 4 - V ~--.... I,,)J.. ..... "'-"'..1 voU 4 prOPosal for the
A$sociat1on to take over the lease from r,w fram the state of Florida
for their CARL owned properties,
We Would ~lco like to t~lk to the cQ~nty ~bout the poo$ible
man89'ement of the county ROGO lots in our 11'"\+ manaqement program.
sep lrector
~
JO~-a7Z.e946 vo1ce
305-972-4340 fax
Exhibit 4
DEC-15-aooe 16113
SOCC-R
305 852 7162 P.04
"-'t c....., ~
... an...... DiftaOf
CWIIr T.......r. Dlra:ter
PORT PINE HEIGHTS
PROPERTY OWNERS
ASSOCIATION, :INC.
P.O. Box 43004J.
8', Pine Key ~ Florida
33043-0043
..... ac...,.. Pr__t Jo.~ .......
......... be Vice PreIid.uIt ,.. MIredIII&. ~
Mat') Lo............, 2.:1 Vice p~ ., WlMId, ~
Na..,. Socb. Sccnu,.,.
Harold alacle. Treasurer
Mr. Tom Simmons
2798 Overseas Highway
Suite No~ 330
Marathon, Florida
33050
Certified Mail
# Z 120659608
Apri112, 2000.
..
Dear Mr. Simmons,
1 have enclosed a list of real estate numbers that you had
requested. The$e are the lots not in compliance with our local
ordinance 3-80. A vast majority of OUr residents are frustrated by
the ~co of our community and we would like to have it
restored the way it has been for over 25 years. We are afraid of
fJrC, the ruelload that is being added day by day increases the risk
of an uncontroUablc rue. There have been house fires in the past,
and the res~se time was too late to save anIthinl. When we
have a brush fire a ~cat many homes will be in danger, We feel
that someone sbouliJ be heJd accountable. This situation should be
resolved immediately
Please find the attached list oflUE numbers.
I-Iein~ J Kropp
~/~ /~
President P.P .H. property ()'NDcrs association
""'~-'T,,"\I 1::1 n A
Key Deer Protection Alliance, Inc.
Post Office Box 430244
Big Pine Key, Florida 33043-0224
Mayor George Neugent and the
Monroe County Board of County Commissioners
January 18, 2001
RE:
BOCC Meetinj' January 18, 2001, Key West, Florida
Agenda Itam G-4: "Consideration of staff recommendations on mowing of lots in
Port Pine Heights."
Mayor Neugent and Fellow Commissioners:
The Key Deer Protection Alliance of Big Pine Key has asked me to come before you
today to formally state our full support of the staff's recommendations in Agenda Item G-4.
As you are aware, there are two distinct elements in staff's recommendations. One relates
specifically to ownership and management issues for a handful of conservation lots currently owned
by Monroe County which tie within Port Pine Heights subdivision on Big Pine Key. The second
element in the recommendations addresses the broader issue of responsible land management of
all Monroe County owned conservation lots scattered throughout the Florida Keys.
Element 1: Dedication of County-owned conservation lots in Port Pine Heights to CARL:
The dedication to CARL of the twenty odd conservation lots owned by Monroe County in
the Port Pine Heights subdivision on Big Pine Key makes sense. The State of Florida, under the
auspices of the CARL (Conservation and Recreation Lands) Program already owns
approximately 200 conservation lots in this subdivision. A management agreement for these
state owned parcels to be entrusted to the local Fish and Wildlife personnel at the National Key
Deer Refuge is already in place. Additionally, the federal government already owns
approximately 100 conservation lots also located in this subdivision. Dedicating the handful of
Monroe County lots to the state, and thus to federal stewardship, will help integrate and streamline
land management of this subdivision as part of the National Key Deer Refuge.
Element 2: Brin9 MCC 8-30 into compliance with the Year 2010 Comprehensive Plan:
Amending the County's mowing ordinance (MCC 8-30) to reflect the goals, objectives and
policies of our Year 2010 Comprehensive Plan is required by law. By not amending this
ordinance, we would be condoning the cutting of threatened and endangered plant species and
protected native vegetation and could be in jeopardy of condoning the violation of state and
federal statues.
We applaud Growth Management for not simply bringing forward a solution limited to the
mowing of conservation lots in this one subdivision on Big Pine Key, but rather looking at the
bigger picture and taking yet another important step in the long road to full implementation our Year
2010 Comprehensive Land Use Plan.
Please vote today to direct staff to move forward on both of the key elements of this very
important issue. Thank you.
Alicia Roemmlele-Putney
E:f