Item H2LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2008
Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval to purchase property for conservation - Block 9, Lot 19, Bahia Mar
Estates on Key Largo.
Item Background: This item is proposed to protect natural resources and property rights pursuant to
County Commission Resolution 252-2008 (ROGO administrative relief).
The subject property is a 50' x 105' lot on Valencia Road near MM 102 on the oceanside of Key Largo.
The property is designated Tier 3-A Special Protection Area, zoned Improved Subdivision, and consists
of tropical hardwood hammock vegetation. The property is located across Valencia Road from John
Pennekamp Coral Reef State Park.
The Land Authority's standard purchase contract will be used for this transaction. The agenda packet
spreadsheet lists the legal description, purchase price, and estimated closing costs.
Advisory Committee Action: On August 27, 2008 the Land Authority Advisory Committee voted 4/0
to approve this acquisition.
Previous Governing Board Action: Sitting as the County Commission, the Board approved
Resolution 252-2008 on August 20, 2008 requesting the Land Authority to offer to purchase the
property as administrative relief. (Pending receipt of the executed resolution, an unexecuted copy of
the resolution is included in the agenda packet.)
Contract/Agreement Changes: None.
Staff Recommendation: Approval.
Total Cost: $86,161.00 Budgeted: Yes X No
Cost to Land Authority: $86,161.00 Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney X County Land Steward X .
Documentation: Included: X To Follow: Not Required:
Disposition: Agenda Item
I�
Purchase
Price
Bahia Mar Estates $85,000.00
Block 9, Lot 19
(Dreas)
PURCHASE CONTRACTS
09/17/08
Envr. Audit, Survey
Title
Attorney
Recording
Total
or Clean-up
Insurance
Fee
Fee
Costs
$0.00
$642.50
$500.00
$18.50
$86,161.00
FW
RESOLUTION NO. —2008
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
BERNARD P. DREAS ON PROPERTY DESCRIBED AS
LOT 19, BLOCK 9, BAHIA MAR ESTATES
SUBDIVISION, KEY LARGO, RE # 00545030.000000 IN
THE FORM OF PURCHASE OFFER FROM THE
MONROE COUNTY LAND AUTHORITY.
WHEREAS, Bernard P. Dreas submitted an application for administrative relief
under Sec. 9.5-122.3 of the Monroe County Land Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following findings of fact and conclusions of law:
1. The application for administrative relief from Bernard P. Dreas is for
Lot 19, Block 9, Bahia Mar Estates Subdivision, Key Largo in Monroe
County, Florida having RE# 00545030.000000.
2. The date of the ROGO application is 6/18/2004.
3. The ROGO allocation application has been in the ROGO system for at
least four (4) consecutive years and qualifies for administrative relief
under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive
Plan.
4. Monroe County Code (MCC) Section 9.5-122.3 provides a mechanism
whereby an applicant who has not received an allocation award in
ROGO may apply to the Board of County Commissioners for
administrative relief.
5. The Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5-122.3(f) and may grant the
applicant a building allocation, offer to purchase the property at fair
market value, or provide such other relief as may be necessary and
appropriate.
6. The applicant applied for administrative relief on 6/26/2007, under
Section 9.5-122.3 of the MCC and Policy 101.6.1 of the 2010
Comprehensive Plan.
7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be
used for determining lands that are appropriate for acquisition and the
criteria includes the environmental sensitivity of the vegetative habitat
on the lot and the applicable Tier designation.
ADMINISTRATIVE RELIEF RESOLUTION Page 1 of Z
RE# 00545030.000000
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8. The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Bahia Mar Estates Subdivision and is
located in a Tier 3-A designated area.
9. Monroe County Code (MCC) Section 9.5-122.3(f) states the Board may
offer to purchase property at its fair market value as the preferred action
for property located within Tier 3-A.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Bernard P. Dreas, for Lot 19, Block 9, Bahia Mar
Estates Subdivision, Key Largo in the form of a purchase offer by the Monroe County
Land Authority.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 20 day of Au ug_st, 2008.
Mayor Mario Di Gennaro
Mayor Pro Tern, Charles "Sonny" McCoy
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia J. Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor Mario Di Gennaro
MONROE COUNTY ATTORN1r'y
APPROV t) AS TO FR OM
gUSAN M. IMASLF-y
ASSIS ANT COUNTY ATTORNEY
Date
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M 00545030.000000
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