PAGE ONE COMMENTARY:

Why Key West Should Not Annex Wisteria Island

BARBARA BOWERS PRESENTS THE CASE AGAINST ANNEXATION

by Barbara Bowers

In case my tongue-in cheek commentary on June 8 (“Feed Christmas Tree Island to the Dogs of Development”) wasn’t clear enough, let me get straight to the point; six of them, in fact. The Key West City Commission should not annex Christmas Tree Island, whose proper name is Wisteria Island because:

1. Wisteria Island is on the Federal Emergency Management Agency (FEMA) injunction list, which means the federal government has recognized the island as a habitat for endangered species. Unless the city wants to give the residents of Key West a conservation area that the white crown pigeons love, it would have to take on the federal government to change zoning regulations.

2. The City’s Comprehensive Plan calls for protection of wildlife habitats, which is mandated under Florida Statutes 163.3178 Coastal Management…”it is the intent of the Legislature that local government comprehensive plans restrict development activities where such activities would damage or destroy coastal resources, and that such plans protect human life and limit public expenditures in areas that are subject to destruction by natural disaster.”

Because Wisteria Island is already a protected wildlife habitat in Monroe County, why would Key West annex it just to follow the same restrictions? Legally, the DCA would have to reject any zoning proposal inconsistent with the City of Key West’s Comprehensive Plan.

3. If local, state and federal restrictions on endangered species prevail over the rights of Wisteria Island’s owners, the Bernsteins may be able to sue Key West, if annexed, for the “governmental taking” of their property. Don’t laugh: This situation is taking place in Marathon right now. A lawsuit filed on April 4, 2007 has resulted in a special master recommending that the City of Marathon pay the owners of Shands Key (Rodney Shands and family) $3,000,000 in compensation for their 8 acre island because the government—and Monroe County’s Comprehensive Plan—curbed development there, claiming the property as a wildlife habitat in 1986. What’s amazing is that the Shands family purchased the island from the federal government in 1956, regulations restricting development were enacted in 1986 and Marathon only became a city in 1999. Apparently, the City of Marathon has no power to change the zoning that came along with the island, and even though the special master suggested that Marathon allow minimal development in place of monetary compensation, the city could not do that; it is now in court facing a judgment to pay $3,000,000. Basically, the City’s hands are tied; it can’t lift the restrictions, nevertheless, it is liable for monetary compensation to the owners.

Even County Commissioners George Neugent and Dixie Spehar have Wisteria Island nailed: When asked about the prospect of losing it to a Key West annexation they agreed, “It’s one less lawsuit for us.”

4. If Key West annexes the island, the city’s jurisdiction and responsibilities would encompass roughly 800 acres of bay bottom, too. This includes the floating suburb of anchored vessels surrounding Wisteria Island, about the size of Old Town. If annexed, hundreds of boaters could claim the right to vote in city elections and demand services. For instance, city police would be obligated to respond to every boating accident, robbery, domestic dispute, you get the drift. Imagine that expense to tax payers.

5. One thousand signatures have already been gathered opposing annexation and/or development of Wisteria Island and more people are signing the petition every day.

6. The City Commission claims that Wisteria Island would become an important tax base if it were developed. Of course, given the above reasons, it’s hard to believe that zoning could be changed, but let’s just say it could be developed. After all, some people are betting big bucks they can change the laws, which under Monroe County, limit Wisteria to two structures.

The prize under Key West zoning laws may be as many as 400 units on the island. More likely, though, less than 200 luxury houses are the development goal, and based on Wisteria Island’s bigger sister island, Sunset Key, gross tax revenue to the city would be less than the $300,000.

“Last Stand thinks it’s a bad idea,” said Al Sullivan, president of the organization that just won a lawsuit to stop developer Pritim Singh from selling and/or distributing transient licenses to residential properties in Old Town. “The Walsh folks would just create another gated community with its back to Key West. The costs seem to outweigh the benefits to the community at large.”

And even the Walsh folks, who developed Sunset Key and are the intended developers of Wisteria Island, have yet to buy the 20 or so rustic acres that sit a mere 1000 feet offshore Key West from the current owners. The risks of not being able to rezone it from a state of protected wildlife habitat in Monroe County are simply too great.

I hope the Key West City Commission acts as prudently as the Walsh folks and refuses to annex this big White Elephant. At the very least, perhaps they will follow Commissioner Verge’s suggestion that Wisteria Island annexation be put on a non-binding referendum in the next election, you know, just to learn what their constituents might actually want.

EDITOR’S NOTE: Barbara Bowers, a longtime Key West resident, is a freelance writer.