Item Q02 Q.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: Q2
Agenda Item Summary #6033
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Approval of a Resolution establishing procedures for the sale of
deed-restricted County-owned parcels on Duck Key that were acquired for density reduction
purposes.
ITEM BACKGROUND: As part of the County's land acquisition program to address potential
liability for takings claims once the State prohibits the issuance of further ROGO allocations, the
Board purchased eleven (11) vacant lots on Duck Key. Staff has found no suitable County use for
the lots once the right to develop residential dwelling units has been eliminated. Under F.S.
125.35(1)(a), the County may sell these lots through a competitive bidding process to the highest
bidder if the Board determines that it is in the best interest of the County to do so. The statute
authorizes the Board to exercise its discretion in determining the best use. Staff proposes that the
lots be put up for auction pursuant to the statutory process with the condition that the lots will come
with a deed restriction prohibiting the building of any primary residential structure on each lot. The
deed restriction would not prohibit the owner of an adjacent property with a principal residential
structure from building an accessory structure on the adjacent lot once acquired.
The parcels staff proposes that following lots on Duck Key be placed up for auction:
RE00379720-000000
RE00379800-000000
RE00379820-000000
RE00380440-000000
RE00383270-000000
RE00383850-000000
RE00383860-000000
RE00380240-000000
RE00383780-000000
RE00383380-000000
RE00383390-000000
If adopted, staff would: a)publish a notice of sale once a week for at least two weeks in a newspaper
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of general circulation within the County (i.e. The Key West Citizen) calling for bids for the
purchase; b) review the bids and present all bids to the Board for consideration. The Board may
accept a bid or reject all bids as too low. The resolution directs that the revenue from any sales
should be returned to FUND 308 to replenish the land acquisition account.
The likely market for these lots will be adjoining property owners and the Duck Key Property
Owners Association however the lots must be open for all to bid on.
PREVIOUS RELEVANT BOCC ACTION: BOCC authorized the purchase of each of the 11 lots
in separate agenda items since 2016. BOCC and the Monroe County Land Authority (hereinafter
"MCLA") entered into an interlocal agreement on October 19, 2016 regarding the acquisition of
infill property for density reduction purposes.
9/18/19 (P-2) BOCC continued this item to the BOCC 10/16/19 regular meeting in Marathon, FL
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED Resolution Authorizing the Disposition of Duck Key Density Reduction Lots
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: Advertising costs
Current Year Portion: FY20
Budgeted: Yes
Source of Funds: Ad valorem
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: depends on bids submitted
Grant: n/a
County Match: n/a
Insurance Required: N/A
Additional Details:
Potential to Produce Revenue
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REVIEWED BY:
Bob Shillinger Completed 09/03/2019 11:40 AM
Bob Shillinger Completed 09/03/2019 11:40 AM
Budget and Finance Completed 09/03/2019 11:49 AM
Maria Slavik Completed 09/03/2019 1:01 PM
Kathy Peters Completed 09/03/2019 1:36 PM
Board of County Commissioners Completed 09/18/2019 9:00 AM
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Q.2.a
RESOLUTION NO. -219
U)
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MON COUNTY, FLORIDA, U)
AUTHORIZING THE COUNTY ATTORNEY T
INITIATE THE STATUTORY
DISPOSING OF ELEVEN (11) VACANT COUNTY
OWNED LOTS ON DUCK KEY THROUGH THE
STATUTORY PROCESS PROVIDED THAT THE LOTS
ARE DEED-RESTRICTED
CONSTRUCTION NC RESIDENTIAL
2
STRUCTURES S PART OF THE >
COUNTY'COUNTY'S DENSITYUCTI G .
0
WHEREAS, in 2016, the County Commission initiated a Density Reduction Program to
purchase development rights from the owners of private property in anticipation of the State's
expected cessation of new development once the current pool of Rate of Growth Ordinance
( OGO) allocations expires; and
WHEREAS, the goals of the County's Density Reduction Program are to 1) reduce
ongoing development pressures and the resulting effect on hurricane evacuation clearance times,
2) reduce the demands on public facilities and infrastructure and 3)protect property owner rights,
thus ultimately avoiding unnecessary costs associated with defending property rights claims; and
WHEREAS,the BOCC has an obligation to review County owned property and ensure it
is being maintained at its highest and best use; and
WHEREAS, the BOCC and the Monroe County Land Authority (hereinafter "MCLA")
entered into an interlocal agreement on October 19, 2016 regarding the acquisition of infill
property for density reduction, among other government purposes; and
WHEREAS, the BOCC acquired eleven (11) vacant parcels on Duck Key, Florida:
00379720-000000, 00379800-000000, 00379820-000000, 00380440-000000,
00383270-000000, 00383850-000000, 00383860-000000, 00380240-000000,
00383780-000000, 00383380-000000, and 00383390-000000; and
WHEREAS,the BOCC finds that the best and highest use of the eleven(11)county-owned g
parcels located on Duck Key, Florida, previously acquired for density reduction purposes, is to
offer the parcels for sale with a deed restriction prohibiting the building of a residential structure
on the parcel; and
WHEREAS, a.
the deed restricted parcel will be offered for sale to the highest and best
bidder pursuant to the requirements set forth in F.S. 125.35(1)(a); and
WHEREAS,the sale of these eleven(11)deed restricted parcels is consistent with Policies
102.4.3 and 102.4.5 of the 2030 Monroe County Comprehensive Plan; and
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WHEREAS, the Duck Key Property Owners Association, as well as individual property
owners on Duck Key, have expressed an interest in acquiring at least some of the subject lots;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY U)
0
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1: The Whereas clauses set forth above are incorporated herein as 0
U)
findings by the Board.
Section 2: The County Attorney is authorized to initiate the process set forth in
F.S. 125.35(1)(a) to dispose of the eleven (11) County owned lots
on Duck Key with the following real estate numbers:
RE00379720-000000,RE00379800-000000,RE00379820-000000, U)
RE00380440-000000,RE00383270-000000,RE00383850-000000' 0
RE00383860-000000,RE00380240-000000,RE00383780-000000,
RE00383380-000000, and RE00383390-000000
Section 3: The advertisement shall inform prospective bidders that each lot will
be subject to a deed restriction prohibiting the construction of a
principal residential structure on it.
Section 4: Any revenue derived from the sale of these lots shall be deposited
to Fund 308, the fund used to pay for land acquisitions under the
density reduction program.
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Section 5: This resolution shall take effect upon adoption. r-
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of September, 2019.
Mayor Sylvia J.Murphy
Mayor Pro Tern any L. Kolhage
Commissioner Michelle Coldiron
Commissioner Heather Carruthers
Commissioner David Rice
(SEAL)
U)
ATTEST: KEVI N MADOK, Clerk BOARD OF COUNTY COMMISSIONERS
W
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor Sylvia J.Murphy
MONROE COUNTY ATreRNEY
E
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