Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 22,2001
Division:
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GrowtH Management
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N/l\.
Bulk Item: Yes
No X
Department:
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AGENDA ITEM WORDING: A public heartng to adopt an ordinanc€ am~nding Section 8-30(h
Monroe County Code, that exempts vacant publiply-owned lots acquired f;)r cdnservation and resourc
protection and vacant privately-owned lots subject to a County approv d ntanagement plan withi
public acquisition areas, from the quarterly mowing requirements for resid nti~ subdivisions.
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ITEM BACKGROUND: At its regularly scheduled meeting held on J~uary 18,2001, the Board (
County Commissioners heard comments from the public and resident~ ofl the Port Pine Heigh1
Subdivision on Big Pine Key and staff on problems and concerns with 1he ~owing requirements (
Section 8-30(b) for vacant and developed lots within platter residential subtlivisions. After deliberatin
on the concerns raised, the Board of County Commissioners requeste~ thb Growth Managemel
Divisions staff to prepare a draft ordinance ~ending Section 8-30(b),1 MOFoe County Code. I
preparing the amendment, the Board directed i staff to eliminate the ~andatory quarterly mowin
requirements for publicly owned vacant lands a.'cquired for conservation:and iresource protection an
privately-owned vacant lands subject to a Coimty approved land man gement plan within publ]
acquisition areas, such as CARL. The CountY Fire Marshal will be resept at the BOCC Marc
meeting to address issues of the potential fire hafrd threat posed by unroOFed Ivacant properties.
PREVIOUS REVELANT BOCC ACTION: ~doPtion of "comprehensi~e Sblid Waste Ordinance,
the Municipal Service District," (Ordinance 19-1980) on October 16, i980; directed Growl
Management Division to prepare amendment to Section 8-30(b) ofthe ord1nanie on January 19,2001
CONTRACT/AGREEMENT CHANGES: N/A I
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STAFF RECOMMENDATIONS: Approval , I
REVENUE PRODUCING: Yes N/A
No
BUDGETEDJ Yes N/ A
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AMOUNT PER MONTH N/A
No
TOTAL COST:
X
COST TO COUNTY: N/A
Year
APPROVED BY: County Atty l
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
Growth Management
DOCUMENTATION:
Included X
To Follow Not Required
--=GENDA ITEM # al
DISPOSITION:
Revised 2/27/01
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AN ORDINANCE AMENDING SECTION 8-30(B),
COUNTY I CODE; REQUIRING PLATTED LOTS WITHIN
RESIDENTIAL SUBDIVISIONS TO BE MOWED EVE Y THREE
MONTHS I EXCEPT FOR LOTS ACQUIRED BY PUBLIC
AGENCIES FOR RESOURCE AND CONSE VATION
PURPOS S AND LOTS WITHIN A SUBDIVISION WIT A LAND
MANAGE ENT PLAN APPROVED BY THE OUNTY;
PROVIDI G FOR REPEAL OF ALL ORD NANCES
INCONSI TENT HEREWITH; PROVIDING FOR
INCORP RATION INTO THE MONROE COUNTY ODE OF
ORDINA CES; AND PROVIDING FOR AN EFFECTIV DATE.
ORDINANCE NO.
-2001
WHEREA ,Section 8-30 (a), Monroe County Code ("M C") requires th t
all residential lot subdivision lots, vacant or developed, be m wed and cleared
of debris no less han every three months; and, I
WHEREA , the Monroe County Planning Director ha opined that thjis
mandatory requir ment for mowing of vacant lots under publi ownership mlY
conflict with the onservation and resource protection purpose for which the e
lots were acquire or dedicated; and,
WHEREA , concern has been raised about the ne d to balance t. e
desire .of residen s for safe and well-maintained neighborhoo s with the public
resource conserv tion and protection purposes for these public acquisition areab;
and, I
WHEREA ,the u.S. Fish and Wildlife Service and Flor da Department bf
Environmental Pr b tection have expressed an interest in enterin into agreemefs
with homeowner' C associations to allow these associations t maintain vaca t
federally and/or istate owned-lots within their subdivisions, hich have be n
acquired for cons rvation and resource protection; and, :
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WHEREA , the Board of Commissioners took pu lic testimony 9n
January 18, 2001, from both County staff and general public 0 the policy issu~s
related to enforc ment of Section 8-30 (a), MCC; and, I
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WHERE S, after discussing the policy concerns invol ed, the Board jOf
County Commis ioners directed the County Growth Manag ment Division to
prepare an ame .dment to Section 8-30 (a), MCC, to elimina e the requiremJnt I
for mandatory mowing of vacant lots under public owner hip within public
acquisition area$ and for privately-owned lots that are subject to a land I
management agrrement approved by the Board of County c01missioners; an~,
WHEREAS, the Growth Management Division has prepared an
amendment to S~ction 8-30 (a), MCC, in response to the polipy direction of tr' e
Board of County Commissioners. I I
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NOW THER FORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS F MONROE COUNTY, FLORIDA THAT:
Section 1. xisting Section 8-30 (a), MCC, is herJbY amended to read
as follows (new Ian uage is underlined and deleted langua~e is shown as ~
thrgygh): · i I
" (b) For e purposes of health, safety, and g~neral welfare of the
residents of latted residential subdivisions in the I ounty, all residential
subdivision I ts, vacant or occupied, shall be mow d and/or cleared of
debris no Ie than once each three (3) months . , except that
for subdivisi ns located within ublic ac uisition a eas, ublicl -owned
vacant lots c uired for conservation and resource rotection urposes
and rivate acant lots sub'ect to a Count a roved mana ement Ian
shall onl be re uired to be cleared of debris. The schedule for mowing
and/or cleari of debris shall be as follows: Once d,uring the period from
January first through March thirty-first; once during the period April first
through Jun thirtieth; once during the period fr m July first through
September t irtieth; and once during the period from October first through
December th rty-first"
Section 2. f any section, subsection, sentence, clause or provision of
this ordinance is h Id invalid, the remainder of this or inance shall not be
affected by such inv Iidity.
Section 3. All ordinances or parts of ordinance in conflict with this
ordinance are hereb repealed to the extent of said conflict
Section 4. The provisions of this ordinance sh, II be included and
incorporated in the ode of Ordinances of the County of Monroe, Florida, as an
addition, or amen ment thereto, and shall be appropriately renumbered to
conform to the unifo m numbering system of the Code. I
Section 5. his ordinance shall take effect immedIatelY upon receipt of
the official notice fr m the Office of the Secretary of State f the State of Florida
that this ordinance as been filed with said Office,
Section 6. The Clerk of the Board is hereby directed to forward a copy
of this Ordinance t the Municipal Code Corporation for incorporation into the
Monroe County Co e of Ordinances. I
[THE REMA NDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
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PASSED AND ADOPTED by th~ Board of County Commissioners of Monroe
County, Florida, at a regular mJeting of said Board held on the 22nd day of
March, AD, 2001. I
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May r George Neugent
May r Pro Tern Nora Williams
Co missioner Charles "Sonny" McCoy
Co missioner Murray Nelson
Co missioner Dixie Spehar
BO RD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(SEAL)
Attest: DANNY KOLHAGE, Cler
Deputy Clerk
BY
By:
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Mr. fI M.... ao1N!rt fI BI'eDda 8cbDelder
Port Pille HelPb
"S Doaaa aoad
Sic Pille Kq, norltla 33043-6SSS
PhoDe: 005) 87Z-H09
MoWe: (~) 925-3S84
FlU[: (~) 87Z-0tS4
E......: 1Nt1Mcluaeid-"PkII@JaDo.CO.
EXCERPTS FROM A JANUARY 11,1999 LETTER
FROM FORMER REFUGE MANAGER BARRY STIEGLITZ
TO THE PORT PINE HEIGHTS PROPERTY OWNERS ASSOCIATION
PaQe 1. lfi 2: ... property owners were given advance notice of the impending offers to be tendered by CARL for
vacant lots within Port Pine Heights, and advised to purchase or otherwise make arrangements for adjacent
parcels over which they desired to exert control or influence in the future.
PaQe 1/2. lfi 3: ... the rationale behind the purchase of vacant lots in the Port Pine Heights subdivision is primarily
twofold: 1) to preserve habitat for the Key deer..., and 2) to reduce the secondary impacts of further development
upon the herd. Please note that the two listed goals of the C.A.R.L. land acquisition program in Port Pine
Heights are in priority order: reduction of secondary impacts is subordinate to habitat preservation.
PaQe 2. lfi 3: ... "beauty is in the eye of the beholder." Many would consider a wooded lot teeming with wildlife
much more desirable than a scarified. mowed lot... Since the primary goal of these acquisitions is habitat
preservation, I cannot in good faith do anything other than allow these lots to return to native habitat.
PaQe 3. lfi 3: Mowina: ...a 5' buffer is appropriate, in order to meet my mandates of protecting habitat. This
buffer, in conjunction with typical setbacks, should provide adequate protection to homes from fire, according to
standards recommended by the National Wildfire Coordinating Group for homes on the urban interface.
Paae 3. lfi 4: MowinQ: ... if (the "field") is not used for viewing (wildlife & Key deer), then allowing it to revegetate
seems the appropriate course.
(Note: Earlier discussions on possible development of the "field" for wildlife viewing were ended when it
was determined that such would be contrary to C.A.R.L. 's goal of minimizing road trips on Key Deer Blvd.)
PaQe 4, lfi 1: TrimminQ: With respect to trimming, as with plant removal below, I am concerned about potential
mistakes or abuse by the ignorant or malicious.
EXCERPTS FROM THE FEBRUARY 10, 1999 LEASE AGREEMENT BETWEEN
THE FLORIDA STATE D.E.P./C.A.R.L. (KNOWN AS THE LESSOR) &
U.S. DEPARTMENT OF THE INTERIOR, FISH & WILDLIFE SERVICE (LESSEE)
(Lease # 4144)
PaQe 1. Item 4: PURPOSE: "Lessee shall manage the leased premises only for conservation and protection of
natural and historical resources and for resource based public outdoor activities and education which are
compatible with the conservation and protection of these public lands.
Paae 2. Item 6: UNAUTHORIZED USE: Lessee shall ... prevent the unauthorized use of the leased premises or
any use thereof not in conformance with this lease.
PaQe 3. Item 12: PLACEMENT AND REMOVAL OF IMPROVEMENTS: Further, no trees. other than non-native
species shall be removed or major land alterations done without the prior approval of Lessor.
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