Item F3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 21. 2001
Division:
Growth Management
Bulk Item: Yes
No ---X-
Department: Planning and Env. Resources
AGENDA ITEM WORDING:
Discussion on Sunset Point Homeowner's Association interest in leasing of Sunset Point Park and Bay
Drive beach access from the County.
ITEM BACKGROUND: ,
Sunset Point Park is a small parcel ofland (1.2 acres) located in the Sunset Point subdivision of Key
Largo, which is unimproved except for a boat ramp and dock. Members of the Sunset Point
Association addressed the Board in the sounding board during the August 15, 2001 regular meeting
regarding the potential lease of Sunset Point Park and Bay Drive beach access to control the properties
use and maintenance for the community. The Planning and Environmental Resources Department staff
in coordination with the Public Works Department will brief the Board on its investigation and provide
specific recommendation for its considerations.
PREVIOUS REVELANT BOCC ACTION:
At its August regularly scheduled meeting the Board requested staff to further investigate the issue of
leasing these subject properties to the Sunset Point Association.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes N/ A No
COST TO COUNTY: N/ A
REVENUE PRODUCING: Yes
No-X AMOUNTPERMONTH_ Year
APPROVED BY: County AttyN/A
OMB/Purchasing N/ A
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included x
To Follow__
Not Required_
AGENDA ITEM # d - 8
DISPOSITION:
Revised 2/27/01
Memorandum
TO:
FROM:
DATE:
RE:
Board of County Commissioners
K. Marlene Conaway, Director of Planning and Environmental Resources
November 7,2001
Discussion on Sunset Point Park and Bay Drive beach access, Tavernier
I.
OVERVIEW
Sunset Point Park and Bay Drive beach access are two parcels of County land located in the Sunset
Point subdivision in Tavernier. Residents are concerned with the misuse of the park and beach access
and have formed a homeowners association, Sunset Point Association, in order to lease the properties
from the County to regulate their use and maintenance. The Board has been requested to consider the
lease of these properties to the Sunset Point Association.
II. BACKGROUND
Sunset Point Park is a small parcel of land (1.2 acres) located in the Sunset Point subdivision of Key
Largo which is unimproved except for a boat ramp and dock. Additionally within the subdivision is a
portion of Bay Drive that ends on the water and provides beach access but is obstructed to allow only
pedestrian access and restrict the launching of boats (see Attachment 1 for the location of each parcel).
At the regular meeting of the Parks and Recreation Advisory Board held on September 25, 2000 in
Key Largo, citizen concerns were raised about the maintenance, safety, and supervision of Sunset
Point Park and Bay Drive beach access. A motion was made and seconded to request that the
Sheriffs Depamnent increase surveillance and response times, especially on weekends, for the
protection of the surrounding homeowners. Additionally, the motion recommended the placement of
appropriate signage to enforce the rules of the park. A suggestion was made by the Advisory Board
that the residents form a homeowners association and lease the two properties from the County so the
homeowners association may regulate hours and the use of the park and beach access.
In June of 2001, Sunset Point residents returned to address the Parks and Recreation Advisory Board
with an update on the activity at Sunset Point Park and Bay Drive beach access areas. Residents hl\d
formed a homeowners association, the Sunset Point Association, and were interested in leasing the
two parcels from the County. Sunset Point Association would control the use and maintain the
properties as well as purchase liability insurance if the County agreed to the lease. Representatives of
the Sunset Point Association contend that the park and point of access continued to be used by out-of-
county residents who would leave trash, play loud music, ride personal watercraft at high speeds
through the boat basin and along waterfront properties, disregard the rights of adjacent private
properties, and speed through the neighborhood in their automobiles. It was also brought before the
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Board that although boulders had been placed in front of the Bay Drive access point, it was not
difficult to move them aside and vehicles had been stuck while trying to launch boats from the end of
the road. The Advisory Board made a recommendation to the BOCC that an inter-local agreement be
made with the Sunset Point Association to lease Sunset Park and Bay Drive beach access from the
County, Additionally, repairs to the boat ramp at Sunset Park and a fence around Bay Drive beach
access were requested.
On June 29, 2001 the Director of Public Works was contacted by legal counsel representing the
Sunset Point Association regarding the leasing of the park property and the Bay Drive site. The
Director of Public Works requested that the Assistant County Attorney contact the legal counsel to
discuss the legal methodology that should be followed in this case. The Director of Planning and
Environmental Resources was contacted to address any issues in the Year 20 I 0 Comprehensive Plan
that would be raised regarding the leasing of public recreation lands to a private organization. The
Director of Planning and Environmental Resources issued a recommendation on July 30,2001 that the
park and beach access site not be transferred to the homeowners association because Objective
213.1.ofthe Year 2010 Comprehensive Plan mandates the preservation of public access to beaches
and shorelines. Objective 213.1 states:
Monroe County shall maintain and increase the amount of public access to the beach or
shoreline consistent with the estimated public need and environmental constraints.
Residents of the Tavernier area have written letters and voiced concern over the possible leasing of the
property to the homeowners association because it may result in a restriction of access to members of
the community not in the association. Members of the Sunset Point Association addressed the Board
of County Commissioners regarding the leasing of both Sunset Point Park and Bay Drive beach
access during the sounding board session of the August 15,2001 regular meeting. The Board directed
staff to investigate the possibility of leasing these properties and any other concerns that the
community may have.
A workshop on the issue of water access (both pedestrian and for boating) was a part of the Livable
CommuniKeys public meeting held in Tavernier on September 27, 2001. It was evident from
community input at this meeting that both Sunset Point Park and Bay Drive beach access were
valuable assets for the overall community and the public should not be restricted. However, the need
for upkeep and maintenance of the park was a concern. Sunset Point is the only public park and
boating ramp on the Bay in Tavernier and Key Largo.
III. ANALYSIS OF ISSUES
The developer of the Sunset Point subdivision dedicated the park to Monroe County in 1954 expressly
for the purpose of maintaining it as a public. park. The warranty deed states that if the land is ever
"lawfully or permanently discvntinued" as a public park, the title immediately reverts to the heirs of
the developer that dedicated the land (see Attachment 2).
Bay Drive beach access is an unimproved, grassy roadway easement that ends on a portion of
unaltered shoreline. The easement lies between a single family home and Bay Harbor Homeowners
Association Park. In 1996 there was a petition to have this roadway abandoned but the request was
denied citing Chapter 16, Section 1 of the Monroe County Code which states "No dedicated and
accepted right-of-way in the county can be abandoned where the right-of-way terminates in a body of
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open water." Leasing of this property to a private entity would have the same effect as abandonment;
it would transfer the rights of use out of the public sphere.
Management of these two areas has been a problem within the last few years. With the limited
amount of public boating access points on the Bay side in Tavernier and Key Largo, problems with
out-of-county day-trippers abusing these areas is not likely to subside. A management plan must be
put into place to preserve both public access to the shoreline and the community character of the
neighborhood.
The Growth Management Staff shares the concerns of the residents of the Sunset Point subdivision.
Safety, security, and a desirable quality of life must be preserved in all of the communities of the
Keys. However, the Year 2010 Comprehensive Plan clearly states that existing areas of public beach
and shoreline access must be maintained. The property deed clearly restricts the use of the land for
anything other than a public park, but staff finds that possibilities exist other than leasing the
responsibility of public recreation areas to private caretakers.
IV. RECOMMMENDATIONS
Growth Management Staff makes the following recommendations in order to address the concerns of
the community regarding the misuse of Sunset Point Park and Bay Drive beach access:
1. Do not enter a lease agreement with Sunset Point Association, the deed restriction on Sunset Point
Park does not allow for it. Nor is abandonment of Bay Drive an option based on Chapter 16,
Section 1 of the County Code.
2. Work with the residents to implement a better management program for the park and beach access
including:
a) Prohibit boat trailer parking in the park and the right-of-way of the surrounding subdivision.
b) Increase regular patrolling and enforcement of park regulations regarding noise, parking, and
use of boat dockage.
c) Develop a landscape plan to increase roadside buffering, number of trash and recycling
containers available, and the over-all layout of the park.
d) Install a more permanent type of banier on Bay Drive to prevent vehicular access to the
shoreline.
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Page 3 of3
ATTACHMENT 1
Location Map of Sunset Point Park and Bay Drive Beach Access
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ATTACHMENT 2
Sunset Point Park Property Deed