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Item N03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 20, 2005 Division: BOcc-I Bulk Item: Yes X No Department: BOcc-I Staff Contact Person: Jana Johnson-Willi AGENDA ITEM WORDING: Discussion and approval of the Board of County Commissioners to waive the mitigation fee and permit fee for removal of native trees from a resident lot in Summerland Key for donation to Key West Botanical Garden. Staff provided documentation outlining the proposed mitigation and associated fees. ITEM BACKGROUND: The family of Marge Brown from Summerland Key wishes to donate many trees to the Botanical Gardens on Stock Island. There are approximately 50 trees and shrubs planted by owner on the property. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: Dixie M. Spehar MAYOR DIXIE M. SPEHAR DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 March 14, 2005 To the Monroe County Commissioners, I am sorry that I cannot attend your March 2005 County Commissioners' Meeting meeting, so I am writing to express my concerns about the rescuing of the trees and shrubs from my parents' property, located at 1336 Calle Bogota, on Summerland Key. Now that both of my parents have passed away, my sister and I are planning on selling their property, as we live with our families and have professional lives that keep us far from the Florida Keys. On the property are about fifty trees and shrubs, of which many are endangered or threatened species. These are plants that my mother nurtured from seed, raised from cuttings that she rooted, or purchased from native plant nurseries. Some of them were planted over thirty years ago, and have survived several hurricanes, droughts, and other ravages of nature, all the while nurtured by my mother. As I am sure you are aware, my parents were staunch protectors of the environment. They worked hard over the years to advocate for the security of Monroe County's natural bounty. Before my mother died, she was so thrilled to see Ohio and Rachel Carson Keys be dedicated as a National Wildlife Refuge, as saving that land from development was a thirty-year mission for her. On a more personal scale, it was my mother's wish that her trees be saved after she was gone, so I have been in the Keys, planning with Monroe County biologists, the staff at McCoy Indigenous Park, and the Key West Botanical Garden to see that her trees and shrubs can be transplanted to safer homes in public gardens where they can be enjoyed by her family, friends, Keys residents and visitors alike. My sister and I have seen the old oceanfront homes of Summerland Key be torn down and replaced by much larger structures. Our parents' relatively modest home, at least by today's standards, will surely go the same way. We wish not only to ensure that these plants are saved, but that we may have places to visit in the Keys where we can see our mother's trees live on, and thrive. I am asking that you consider waiving any permitting and mitigation fees in this case. I have had to go to great expense to try and save these treasured plants. It seems like a harsh irony on top of all of our efforts to save them from possible destruction, to then have to pay a substantial fee that is usually designated for the destruction of plant materials, not for their ultimate protection. I greatly appreciate your consideration on this important personal matter. Sincerely, Marechal Brown 46 Grand Street Brooklyn, New York 11211 718-963-1961 '... OK~~rY 3:~)~~~~E (31)5) 294~464' r~'~ ....-.......- BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tern Charles ~SonnyH McCoy, District 3 George Neugent, District 2 DavId P. Rice, District 4 Murray E. Nelson, District 5 March 21, 2005 Margaret Rulon Brown 1446 Calle Bogota Su.mmerland Key, FL 33042 RE: Permit Status for Permit # 051-1106 Lot 14 & 15 Summer1and Beach Addition 7, Summcrland Key, Florida Real Estate No. 00198710.000000 & 00198720.000000 Dear Mrs. Brown; Per yOUT building permit application dated March 06, 2005 the Key West Botanical Garden plans to transplant various vegetation from your property at 1446 Calle Bagota, Summerland Key to the Botanical Gardm1 site in the Oty of Key West. Under cunent regulations this type of action would require that the applicant transplant the vegetati.on on site at a ratio of 2:1 or simply move the vegetation out side the development footprint. Per previous conversations with representatives from the Botanical Garden that is not the desired option at this time. The code does provide an alternative in the form of mitigation in the amount of 315% of the retail cost of each tree being removed at a rati.o of 3:1. This mitigation shall be paid to Monroe County and shall be placed in a fund to purchase vegetation for County funded restoration projects throughout the Keys. A third option will he available as of March 25, 2005. This option is a reswt of a new ordinance which replaces our current transplantation section of the code. Under this new ordinance the applicant may remove native vegetation and pay mitigation to Monroe County in the amount equal to the retail cost of each tree at a rati.o of 2:1. This option is certainly the least expensive to the applicant and does not require onsite transplantation. Please find attached a summary of the mitigation fees which will be owed at the time of permit issuance. These fees are calculated under the guidelines of the new ordinance, thus the permit may not be issued until March 25, 2005, the effective date of the new ordinance. Payment is to be made to Momoe County in the form of check or cash. This document is for informational purposes only. It does not assign 01' guarantee any development rights or the timing of such rights. The information contained herein is accurate as of the date of this correspondence and is subject to change. If you. have any questions regarding these parcels, or if you require further assistance, please do not hesitate to contact me at (305) 289-2500. Sincerely... r- Andrew Orner Trivette Sr. Biologist, Enviromnental Resou.rces cc City of Key West Horticultural Staff K. Marlene Conaway, Direcftlf of Planning and Environmental Resources Ralph Gouldy, Senior Administrator, Plann1,g and Environmental Resources Alison Trivette, Administrative Assistant File O,~~Y~2~~E (3051294-4$41 r~'.""~""'~ BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tem Charles ~Sonnyn McCoy, District 3 George Neugent, District 2 David p, Rice, District 4 Mllrray E, Nelson, District 5 Totals Total Amount Due $3.614.72 $; ,229.44 $7,229.44