A plan to potentially abandon a county right-of-way with access to the water in one Key Largo neighborhood was put on hold at a recent meeting of the Monroe County commissioners. A possible solution to an ongoing neighborhood problem will be addressed by officials in the fall.
A public hearing on a proposed ordinance to remedy issues on North Bay Harbor Drive was originally scheduled for a June 21 meeting. It was tabled after County Attorney Bob Shillinger informed county commissioners of another solution he’d like to explore with the local homeowner’s association. The matter will be heard at the county commission’s September meeting in Key Largo.
Containing a small sandy beach and views of the bayside waters, this unpaved, grassy section of right-of-way on North Bay Harbor Drive has attracted residents and visitors over the years. It’s located next to a large park owned by the local homeowners’ association.
Once a hidden gem, this right-of-way that is 60 feet wide and 200 feet long eventually became a popular daytripping destination. Overwhelming traffic and parking all over the neighborhood, as well as overcrowding and trashing, soon followed on North Bay Harbor Drive.
By June 2021, complaints about the property came to a breaking point. As the Fourth of July approached, county commissioners closed the space through Labor Day in a bid to quell the massive crowds witnessed during weekends and holidays. It also gave staff time to concoct a management plan.
Commissioners also banned parking on the rights-of-way around the Bay Harbor and Sunset Point subdivisions. “No parking” signs with $200 fines were posted around the neighborhood.
Eventually, the county commission reopened the property to the public, albeit on a limited basis. People can only frequent the area by foot, bike or dropoff every Tuesday through Thursday from 7 a.m. to 7 p.m. The move mitigated massive crowds, while still giving local residents who don’t live in the neighborhood access to the water.
An ordinance that came before county commissioners on June 21 detailed an exception to the county’s longstanding rule that bans the abandonment of rights-of-way ending in water. Specifically, language within the ordinance would allow the county to let go of a right-of-way in a recorded residential subdivision plat, so long as abutting property owners dedicated it to open space for use by residents in the subdivision. Those owners would convey their reversionary interests to a homeowners’ association made of up at least 75% of owners in an abutting residential subdivision. The homeowners’ association would need to be a nonprofit in good standing and hold power to levy and collect assessments for routine and periodic major maintenance.
County Attorney Bob Shillinger said the ordinance would require a change to the comprehensive plan, which could take a year.
County officials and the homeowners association sought a replat as a possible solution before seeking a potential change to the comprehensive plan. A replat requires 100% buy-in from property owners within the subdivision. Shillinger said one property is holding out on the replat.
“I sent him letters in English and in German to try and get his response. It doesn’t look like the replat is going to overcome that obstacle as long as that gentleman still owns the property or is still not responsive,” Shillinger said.
Through the many conversations over possible remedies, Shillinger said one citizen proposed the idea of leasing a 10-foot-wide section of the 60-foot county right-of-way to the homeowners’ association. It would give them control over access to the beach. Shillinger said he handed the proposal to the homeowners’ association.
“I think it’s worthy of a conversation,” he said, adding that he believes it could provide an immediate solution.
Ty Harris, attorney representing the Bay Harbor and Sunset Point homeowners’ associations, told county commissioners that it’s not about preventing residents from accessing the water. The problem seen on North Bay Harbor Drive is unique to the Upper Keys, however, as hundreds of day trippers invaded a residential neighborhood.
“This neighborhood already has a public park. It’s the Mike Forster park a block-and-a-half down the road that already provides access to the water,” Harris said. That park is located at 20 Sunset Road. It was named after Forster, a county commissioner, shortly after he died from COVID-19 in September 2021. Park amenities include a small ramp for boats and watercraft and a few parking spots for boat trailers.
Barbara Overton is a Tavernier resident who frequently bikes to North Bay Harbor Drive to view the birds. She said it’s one of a few places in Key Largo with access to the bay.
“There should be a creative way to make it more accessible to people in the Keys,” she said.
Matthew Matteliano said there aren’t many opportunities where residents of the Upper Keys can experience the water in a way that’s available on North Bay Harbor Drive. He said a dangerous precedent could be set with passage of the proposed ordinance.
“Actions like this from the board and community as a whole will limit the places where citizens in this community can enjoy natural resources that make the Florida Keys special and unique,” he said.
Mayor Pro Tem Holly Merrill Raschein said following the item’s tabling that conversations will continue.
“This is a very important topic that affects a lot of people,” she said.
