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Item I01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15. 2005 Division: Growth Management Bulk Item: Yes ---X- No Department: Planning Department Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: Approval of a resolution to approve the request by Mr. Robert and Mrs. Lourdes Vila to exchange their property known as Block 7, Lot 12, Ramrod Shores Marina, Ramrod Key for property owned by the Monroe County Board of County Commissioners known as Block 5, Lot 11, Ramrod Shores Marina, Ramrod Key. ITEM BACKGROUND: Me and Mrs. Vila are requesting to exchange their property on Ramrod Key known as Block 7, Lot 12, Ramrod Shores Marina, RE# 00208200.000000 for property on Ramrod Key owned by the Monroe County Board of County Commissioners known as Block 5, Lot 11, Ramrod Shores Marina, RE# 0021081 L005700. The two subject properties are identified by Bacc Resolution 077-2005 as "grandfather" lots to be exempted from the provisions of said resolution. The County passed Resolution 077-2005 which defers actions on consideration of land swaps of properties which have been dedicated to the County under ROGa to prevent erosion of the County acquisition program by piece meal private party requests for land swaps of such properties. Resolution 077-2005 exempted four parcels of which the two subject parcels are part. PREVIOUS REVELANT BOCC ACTION: Approval of Resolution 179-2003 which adopts guidelines for approving any exchange of property dedicated to the County for conservation purposes under ROGa. Approval of Resolution 077-2005 which defers actions on consideration of land swaps of properties which have been dedicated to the County under ROGO. CONTRACT/AGRKEl\iU2NT CHANGES: NiA ST A.FF RECOMMENIM.TIONS: Approval. TOTAL COST: NiA BUDGETED: Yes NiA No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/A No _AMOUNT PER MONTH_ Year DIVISION DIRECTOR APPROVAL: NiA APPROVED BY: County Atty ---X- OMB/Purchasing NA DOCUMENTATION: Included X Not Required~ DISPOSITION: AGENDA ITEM #_ J\tlONROE COUNTY LAND EXCHANGE BETWEEN MONROE COUNTY BOARD OF COUNTY COI\IMISSIONERS AND MR. ROBERT & MRS. LOURDES VILA BOARD OF COUNTY COMIVUSSIONERS MARATHON JUNE 15,2005 MONROE COUNTY LAND EXCHANGE BETWEEN MONROE COUNTY BOARD OF COUNTY COJ\'IMISSIONERS AND MR. ROBERT & I\lRS.LOURDES VILA A REQUEST FROM MR. & l\-IRS. VILA TO EXCHANGE PROPERTIES RECOMJ'VIENDA TIONS Staff: Approval DRC: Approval PC: Approval April 27, 2005 May 3,2005 Mayl 1,2005 Staff Report Resolution Resolution DRAFT BOCC ORDINANCE RESOLUTION NO. 2005 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST OF ROBERT AND LOURDES VILA TO EXCHANGE PRIVATELY O\VNED LAND OF CONSERVATION VALUE FOR LANDS DEDICATED TO THE COUNTY FOR CONSERV A TIONPURPOSES UNDER THE COUNTY'S RA TE OF GROWTH ORDINANCE AS PER RESOLUTION 179-2003 WHEREAS, the Board of County Commissioners has authority under Section 125.37, Florida Statutes, following proper notice, to exchange properties without going through bid procedures, provided that in the opinion of the Board the property is no longer needed for public purposes and it may be in the best interest of the County to exchange such property for other real property which the county may desire to acquire for public purposes; and WHEREAS, Section 125.37, Florida Statutes, authorizes such an exchange provided that the statutes, terms and conditions of said transfer are first published once a week for at least two weeks in a newspaper of general circulation before adoption by the Board of County Commissioners of a resolution authorizing the exchange of the properties; and WHEREAS, the Board passed Resolution 179-2003 which adopts !,,'Uidelines for approving any exchange of property dedicated to the County for conservation purposes under ROGO; and WHEREAS, the Board passed Resolution 077-2005 defening actions on consideration of land swaps of properties which have been dedicated to the County under ROGO to prevent erosion of the County's acquisition program by individual requests and approving exemption requests of four parcels of which include RE Nos 0000210811- 005700 and 00208200-000000. WHEREAS, Mr. and Mrs. Robert Vila who currently own property known as Ramrod Shores Marina, Block 7, Lot 12, Section 31, Township 66, Range 29, having Real Estate ID# 00208200-000000 has requested approval to exchange properties under Resolution 179-2003; and WHEREAS, this property shall hereafter be referred to as the "Vila" property; and WHEREAS, the County of Monroe, State of Florida, procured the property known as Ramrod Shores Marina, Block 5, Lot 11, Section 31, Township 66, Range 29, having Real Estate ID# 00210811.005700 through a Warranty Deed dated the 28th of September, 1999, from Ralph Ronald Hilpot that was ROGO dedicated under building pennit #97-1-0840; and WHEREAS, this property shall hereafter be referred to as the "BOCC" property; and WHEREAS, Mr. and Mrs. Vila are requesting ownership of the "BOCC" property in exchange for the "Vila" property; and WHEREAS, Staff has found the "Vila" property to be of higher value for conservation and resource protection than the "BOCC" property as required by Resolution 179-2003; and WHEREAS, Staff finds that the guidelines set forth in Resolution 179-2003 have been addressed as tl'Jllows: A. The "Vila" property shall meet all the requirements tor a dedicated lot or acre of unplatted land under Section 9.5-122.3(a)(5), Monroe County Code. The applicant's property is located within the Ramrod Shores Marina with a lot size of 6,200 square feet or approximately one and a half (1.5) acres. The lot is zoned IS which has an allocated density of 1 dwelling unit per lot. The lot is buildable. B. The "Vila" property must be eligible to receive Rate of Growth Ordinance (ROGO) points for dedication purposes equal to or greater than the points awarded to the "BOCC" property. The "Vila" property is a single lot zoned Improved Subdivision and would receive 2 points if dedicated within, or under the current ROGO evaluation criteria. C. The exchanged property shall be located on the same island. Both the "BOCC" lot and the "Villa" lot are located on Ramrod Key. D. The exchanged property shall be within a designated Tier I area or areas designated for public acquisition for conservation and resource protection purposes. The exchanged property is designated for public acquisition for conservation and resource protection by Monroe County and is designated as Tier 1. E. The "H" value of the exchanged property shall be equal to or h1fater than three (3) times the "H" values for the dedicated property tor any property exchanges on Big Pine Key or No Name Key. The properties are not on Big Pine Key or No Name Key. F. The "BOCC" property shall only be used tor principal residential and residential accessory uses. The applicant has stated in their letter dated January 18, 2005, that the dedicated lot will be used for principal residential purposes. WHEREAS, the terms and conditions of the exchange of Block 7, Lot 12 for Block 5, Lot II have been published in local newspapers at least once a week for two weeks prior to adoption of this resolution, as required by F.S. 125.37; and WHEREAS, the Board of County Commissioners finds that the exchange of the "BOCC" lot for the proposed "Vila" lot promotes conservation and resource protection and smart growth in Monroe County; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. The BOCC hereby approves the exchange of the "BOCC" property tor the "Vila" property. Section 2. The BOCC directs the County Attorney's otlice to draft the appropriate legal documentation to transfer the title of the dedicated property to Mr. and Mrs. Vila and of the exchanged property to Monroe County and authorizes the Mayor of Monroe County to sign said documents. Section 3. The "Vila" lot shall be inspected by Code Enforcement and all trash and debris shall be removed prior to dedication to the County. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the __m~ day of , A.D., 2005. Mayor Dixie Spehar Mayor Pro Tem Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor/Chairperson (SEAL) ATTEST: DANNY L KOLHAGE, CLERK OllIe: BOCC STAFF REPORT Tw Vila Rev2 901'13 5/26/2005 MEJ\<10RAND UlVl TO: Board of County Commissioners FROM: K. Marlene Conaway, Director of Planning RE: Mr. and Mrs. Vila Land Exchange Request Date: May 20, 2005 MEETING DATE: June 15, 2005 EXISTING FUTURE LAND USE DESIGNATION: Residential Medium (RM) EXISTING ZONING DESIGNATION: Improved Subdivision (IS) PROPOSED ZONING DESIGNATIONS: Improved Subdivision (IS) PROPERTY OWNER: Robert and Lourdes Vila AGENT: None PROPERTY INFORMATION Key: Ramrod Key Size: 6,200 square feet ( 1.5 Acres) Mile Marker: MM 5 of U.S. Highway No. I Location Detail & Brief Description: The propeliies are located within the subdivision commonly known as the Ramrod Shores Marina on Ramrod Key. The Vila's have a contingent contract for Block 7, Lot 12, Section 31, Township 66, Range 29, with RE # 00208200.000000 (hereatter referred to as the "Vila" lot). The Vila's request to exchange that property with property owned by the County known as Block 5, Lot 11, Section 29, Township 66, Range 29, with RE # 00210811.005700 pursuant to Section 9.5-122.3(5), Monroe County Code. Tw Vila Rev2 I (Jon 3 5:26!2005 FINDINGS OF FACT AND CONCLUSIONS OF LAW L The Board of County Commissioners has authority under Section 125.37, Florida Statues, tollowing proper notice, to exchange properties without going through bid procedures, provided that in the opinion of the Board the property is no longer needed tor public purposes and it may be in the best interest of the County to exchange such property for other real property which the county may desire to acquire for public purposes; and 2. Section 125.37, Florida Statues, authorizes such an exchange provided that the terms and conditions of said transfer are first published once a week for at least two weeks in a newspaper of general circulation betore adoption by the Board of County Commissioners of a resolution authorizing the exchange of the properties; and 3. The Board passed Resolution 179-2003 which adopts guidelines for approving any exchange of property dedicated to the County for conservation purposes under ROGO; and 4. The Board passed Resolution 077-2005 deferring actions on consideration of land swaps of properties which have been dedicated to the County under ROGO to prevent erosion of the County's acquisition program by individual requests and approving exemption requests of four parcels of which include RE Nos 0000210811-005700 and 00208200-000000. 5. Me and Mrs. Robert Vila who currently own property known as Ramrod Shores Marina, Block 7, Lot 12, Section 31, Township 66, Range 29, having Real Estate ID# 00208200-000000 has requested approval to exchange properties under Resolution 179-2003; and 6. The County of Monroe, State of Florida, procured the property known as Ramrod Shores Marina, Block 5, Lot 11, Section 31, Township 66, Range 29, having Real Estate 10# 00210811.005700 through a Warranty Deed dated the 28th of September, 1999, from Ralph Ronald Hilpot that was ROGO dedicated under building permit #97-1-0840; and 7. Mr. and Mrs. Vila are requesting ownership of the "BOCC" property in exchange tor; and 8. Staffhas found the "Vila" property to be of higher value for conservation and resource protection than the "BOCC" property as required by Resolution 179-2003; and 9. Stafffinds that the b,'1lidelincs set torth in Resolution 179-2003 have been addressed as follows: Tw Vila Rcv2 IIon3 5!26,2005 a) The "Vila" property shall meet all the requirements tor a dedicated lot or acre of unplatted land under Section 9.5-122.3(f), Monroe County Code. The applicant's property is located within the Ramrod Shores Marina with a lot size of 6,200 square feet or approximately one and a half (1.5) acres. The lot is zoned IS which has an allocated density of I dwelling unit per lot. The lot is buildable. b) The "Vila" property must be eligible to receive Rate of Growth Ordinance (ROGO) points for dedication purposes equal to or greater than the points awarded to the dedicated propCliy. The "Vila" property is a single lot zoned Improved Subdivision (IS) and would receive 2 points if dedicated within. or under the current ROGO evaluation criteria. c) The exchanged property shall be located on the same island. Both the "BOCC" lot and the "Villa" lot are located on Ramrod Key. d) The exchanged property shall be within a designated Tier I area or areas designated for public acquisition for conservation and resource protection purposes. The exchanged property is designated for public acquisition tor conservation and resource protection by Monroe County and is designated as Tier I. e) The "H" value of the exchangt.>d property shall be equal to or &,1fater than three (3) times the "H" values for the dedicated property tor any property exchanges on Big Pine Key or No Name Key. The properties are not on Big Pine Key or No Name Key. f) The dedicated property shall only be used for principal residential and residential accessory uses. The applicant has stated in their letter dated January 18,2005, that the dedicated lot will be uscd for principal residcntial purposes. 10. Thc tcrms and conditions of the exchange of Block 7, Lot 12 tor Block 5, Lot 11 have bccn published in local ncwspapers at least once a week for two weeks prior to adoption of this resolution, as required by F.S. 125.37; and 11. The Board of County Commissioners finds that the exchange of the "BOCC" lot for the proposed "Vila" lot promotes conservation and resource protection and smart growth in Monroe County. Tv.: Vila Rev2 12oi13 5'26;2005 RECOMMENDATION Based on the Findings of Fact and Conclusions of Law, the Staff recommends APPROV AL to the Board of County Commissioners of the proposed Land Exchange between Mr. Robeli and Mrs. Lourdes Vila and the Board of County Commissioners, Monroe County, Florida. Tw Vila Rev2 13ofl3 5,26!2005 Property Information for 1275093 Page 1 of2 HQm~ l)~p~nm~ijls !,:gmPJiQijS QnliJ)~{)~t~ Centu Forms \Ln' 26 10G5 1 ~: C Qr.1qcttb~__\V_pbtm~i:;J~:r...c ONLINE DATA CENTER RECORDS SEARCH PROPERTY INFORMATION FOR: Alternate Key: 1275093 RE Number: 00210811-005700 [ . Print J L Search Again J Property Details OWNER OF RECORD COUNTY OF MONROE ero BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST FL 33040 PHYSICAL LOCATION R.AM R OD K LY LEGAL DESCRIPTION BK 5 LT I I RAMROD SHORES :vlARlNA SEe RAMROD KEY PB6~22 OR447-937,940 OR765-1316 OR I 058-282(CRC) OR 1569. 58{CW) OR 160I~612(ND\ SECTION, TOWNSHIP. RANGE 29 - 66 - 29 MIUAGE GROt!P 1 001-1 [Estimate T8xesj PC CODE 86 Building Details NUMBER OF BtILOINGS NUMllER OF COMMERCIAL BULnINGS TOTAL LIVING AREA YEAR BULT Land Details LANH USE com: rvll OD LAND AREA 7200 SF Parcel Value History o (] " M.lSCELLANEOliS IMPROVEMENTS " o o LAND JeST EXEMPTIONS (NOT I.NCLUlING SENIORS) 14,400 14,400 7,200 TAXABLE TAX ROLL YEAR Bl'ILmNG 2004 2003 2002 14,400 1.4.400 noo 14,400 14,400 '7.200 o o o I Parcel Sales History Non: _ OCR RECORDS ARE TYPICALLY TWO TO THREE "1OYIHS HEfH'\D FROM I'll" ll\TE OF SALL IF A RH.:tl'T SALE DOES :\or S110\\ t.p PLEASE t;J\F OCR OFFICE TIME TO PROCESS I r. http://www .mcpa fl.org! datacenter! search/record. asp 5/26/2005 Property Information for 1275093 Page 2 of2 SALE DATE PRICE BOOK/PAGE 03/] 999 06/1988 07/] 978 1569/58 1058/282 765n:q 6 7500 7000 2300 INSTRUMENT WD WD 00 This page has been visited 6,154 times. http;//www.mcpafl.org/dataccntcr/search/record.asp 5/26/2005