Item N08 N.8
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: N.8
Agenda Item Summary #6480
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 contract to purchase a less than fee interest in Block
2, Lot 42, Eden Pines Colony (PB 4-158) with parcel number 00265020-000000 and a purchase
price of$18,025 for density reduction purposes.
ITEM BACKGROUND: This acquisition is proposed pursuant to BOCC Resolution 438-2018 (the
Less Than Fee Acquisition Program) to protect property rights, to reduce density, and to reduce the
County's potential liability for takings suits.
The subject property consists of a 5,000 square foot canal lot on Iris Drive on the bay side of Big
Pine Key near mile marker 30. The property is designated Tier 2 — Transition and Sprawl Area and
zoned Improved Subdivision. The property is a landscaped lot developed with accessory structures.
The Planning and Environmental Resources Department confirmed the property would have the
potential to be developed with one dwelling unit but for BOCC Resolution 278-2003. This
resolution called for the previous property owner to the property'd development rights 2003 as part
of a Benefical Use determination. No conservation easement or restrictive covenant on the property
title was ever recorded. Under the circumstances, the County Attorney's Office is recommending
the reduced price of $18,025 instead of the standard price of $28,750. Since there is no separate
market land value listed for Lot 42 on the Monroe County Property Appraiser's website, these prices
are the 2018 and 2019 market land values for a comparable lot in the same subdivision (Block 2, Lot
43). The Land Authority has prepared and negotiated the proposed purchase contract on behalf of
the BOCC and the property owners have agreed to retire the development rights for dwelling units
and detached habitable space as consideration for the $18,025 purchase price. The estimated closing
costs for this transaction will be approximately $1,250.
Once the proposed transaction closes, the Sellers will continue to own the lot and may use it in
conjuction with their existing house on their adjoining parcel but will be precluded from developing
the lot with a dwelling unit or other detached habitatable space.
PREVIOUS RELEVANT BOCC ACTION: The Board budgeted funds for purchases which are
Packet Pg. 1967
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intended to reduce density and to reduce the County's potential exposure to property rights' related
lawsuits through voluntary purchases.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
EXECUTED STAMPED FoxContract 1 10 20
FoxMCPAData
FoxMCPADataComp
BOCCReso1278-2003
FINANCIAL IMPACT:
Effective Date: January 22, 2020
Expiration Date: None
Total Dollar Value of Contract: $18,025.00 plus estimated closing costs of$1,250.00
Total Cost to County: $19,275.00
Current Year Portion: $19,275.00
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: N/A
Additional Details: $18,025.00 plus closing costs estimated to be approximately $1,250.00
None
01/22/20 NEW COST CENTER ADDED $19,275.00
REVIEWED BY:
Charles Pattison Completed 01/07/2020 10:01 AM
Paunece Scull Completed 01/07/2020 10:43 AM
Budget and Finance Completed 01/07/2020 11:16 AM
Maria Slavik Completed 01/07/2020 11:31 AM
Kathy Peters Completed 01/07/2020 1:23 PM
Board of County Commissioners Pending 01/22/2020 9:00 AM
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AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS N.8.a
HIS AGREEMENT is made and entered into this - play of 2019, by
and between
Larry J. Fox and Drusilla A. Fox
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(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and W
assians, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). a.
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WITNESSETH- U-
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1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel")
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thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, (n
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that is currently developed with a residential dwelling unit and is more particularly described as
follows; to-wit:
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Block 2, Lot 41, Eden Pines Colony (Ply 4-158) >%
RE#00265020-000000
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The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary U)
Parcel") -thereunto belonging, owned by them, situate and lying in the County of Monroe, State of
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Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling
unit or any other habitable space and is more particularly described as follows', to-wit:
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Block 2, Lot 42, Eden Pines Colony(PB 4-158)
RE#00265020-000000 0
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2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is 0
hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights
associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter
set forth, and for the price of $18,025.00. The Seller(s) covenant to surrender, release, relinquish
and transfer any and all of the Seller(s)'s property rights to develop:
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a) residential dwelling units; and
b) accessory structures providing detached habitable space
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(hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel.
& The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey 'to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the
servient estate of the Secondary Parcel 4With the Primary Parcel, subject to the following conditions U
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and obligations: 0
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The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the
COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & E)
affecting title to the Secondary Parcel- The COUNTY may, at its option during the time permitted
for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida
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surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the
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existence of improvements located thereon, or any other restrictions, contract covenants, liens, U
transfers of development rights, or applicable governmental regulations, deemed not acceptable to W
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the COUNTY, the same shall constitute a title defect. W
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-he COUNTY shall have sixty (60) days from the effective date of this Agreement in which to
axamine the 0 & E of Sellers title. If title is found defective. as determined in the sole discretion
t COUNTY, the COUNTY shall. within this specified time period, notify Selier(s) in writing
specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will
have one hundred twenty (120) days from receipt of notice within which to remove the defect(s).
The Seller(s) will use diligent effort to correct defect(s) in title within the time provided theretore,
including the bringing of necessary suits, failing which the COUNTY shall have the option of either a
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accepting the title as it then is or rescinding the Agreement herein. W
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W The Seller(s) further agree not to do, or suffer others to do, any act by which the value or property LL
rights associated with the Less Than Fee Interest may be diminished or encumbered while this z
Agreement is pending. In the event any such diminution, encumbrance or other impairment
occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee
interest. (n
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5. The Seller(s) further agree that during the period covered by this instrument officers and _>Z
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accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and U_
privilege to enter upon the Secondary Parcel for all proper and lawful purposes, including
examination of the Secondary Parcel and the resources upon it. Nothing herein shall be .2
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construed to constitute an acceptance of any existing or future code or building violation on the U
Primary Parcel or the Secondary Parcel. This provision shall survive closing. The Seller(s) U)
hereby waive their rights to any and all claims against the COUNTY or the State of Florida
associated with, or arising from ownership of. the Secondary Parcel and this waiver shall survive IL
closing.
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6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee 0
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interest in a manner satisfactory to the legal counsel of the COUNTY.- ci
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a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances M
(hereinafter"Covenant of Unity of Title document")
b) Joinder of Mortgagee (if applicable)
c) Joinder of Non-Mortgagee Encumbrance Holder(if applicable)
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d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies)
e) Affidavit of Trustee (if land owned by a Trust)
f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels W
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In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $18,025.00. The COUNTY further agrees that after the preparation,
execution, and delivery of the documents enumerated above, and after the legal counsel of the
COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be
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surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase U
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price, less any costs of closing payable by Seller, as set forth below. 0
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The COUNTY shall pay the following expenses associated with the conveyance of the Less Than
Fee Interest- recording fees for the documents listed in Section 6, settlement fees, 0 & E report
fees, title examination fees, and the Buyer's attorney's fees. The Seller(s) shall pay the real estate
commissions, if any are due. Full transfer, surrender and possession of the development rights
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described above shall pass to the COUNTY as of the date payment is made to the Seiler(s)
subject only to the reservations stated in Section 2 above. M
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8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the W
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County at the date the Less Than Fee Interest vests of record in the COUNTY.
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9. t"is mutually understood and agreedthat notice of acceptance f this Agreement shall be given to
the Seller(s) ail t address provided Seller(s) or y it addressedt t ell r(s)
at thefollowing address,
71 Iris Drive
Big Pine ,
and shall be effective upon date of emailing or mailing and shall be bindingon all of the
Seller(s) without sending a separ t tic to each, except as such obligation ay be affected by
the provisions of Section 6 herein.
1 . The effective date of this Agreement shall be that date when the last one of the Seller(s)a) and the
COUNTY s signed this Agreement.
1. If the Seller(s) wishes to proceedwith is transaction, the Seller(s) have until December 9, 2019
to sin and return is Agreement to the COUNTY. This Agreement may be executedin
counterparts. s n in ny provision of this Agreement to the contrary, the obligation of
closing this transaction is contingent upon approval by the Monroe County Boardof County
Commissioners, failing is the o the Seller(s) shall release on not r of all 0
further obligations under this Agreement. U
IN WITNESS , the Seller(s) have hereuntosigned their names and affixedtheir respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ( 1 ) hereinabove acknowledges received, have ando hereby grant unto the COUNTY W
or its authorized representative, or any other office or agent of the COUNTY authorized to purchase
said ss Than Fee Interest in land, the option right to enter into this Agreement for Purchase
within ninety ( ) days from the ecuti n thereof the Seller(s), and to purchaset ss Than -j
Fee Interest as herein provided, providing said urc s is duly approved by the Monroe County
Board of County Commissioners.
Seller/rL J. Fox
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VgnaAtu�A=- Date phone Number rnail d ress
,,Seller/Drusilla A. Fox
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Signature t Phone Number Email Address
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u erf ROE COUNTY, FLORIDA
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KEVIN MADOK, CPA, Clerk
By:
Deputy le ether Carruthers, Mavv,,
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(Seal)
Date:
PAUNECE SCULL
DAVPacket Pg. 1971
gPublic.net-Monroe County, FL -Report: 00265020-000000 Pagel of 3
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„r,U Puiblic. "" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00265020-000000
Account# 1336661 �'�"� ry11%11
Property ID 1336661 i "
Location 29171 IRIS Dr,BIG PINE KEY
Address �., � �� t W
Legal BK 2 LTS 41AND 42 EDEN PINES COLONY P134-158 BIG PINE KEYOR519-973OR535-188 �I �'�� '
OR1690 2184 1 dOLUMIM L iV I iV 9 351D/C OR1925-1903
Description OR697-496 OR836-1241 OR1086-914 OR1135-1566/67 OR1308-1893 OR1379-2112 OR1566 z IVi q� 0
Y�
Neighborhood 635
Property Class SINGLE FAMILY RESID(0100)
Subdivision EDEN PINES COLONY
Sec/Twp/Rng 15/66/29
Affordable No
Housing
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0
Owner
FOX LARRY 1 FOX DRUS I LLA A
29171 Iris Dr 29171 Iris Dr
Big Pine Key FL 33043 Big Pine Key FL 33043
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Valuation U)
0
2019 2018 2017 2016
+ Market Improvement Value $116,956 $110,548 $112,150 $99,950
+ Market Misc Value $55,161 $55,541 $58,969 $59,221
+ Market Land Value $171,250 $164,800 $167,375 $175,100
= Just Market Value $343,367 $330,889 $338,494 $334,271
= Total Assessed Value $273,267 $268,172 $262,657 $257,255 Cd
- School Exempt Value ($100,500) ($100,500) ($100,500) ($100,500)
= School Taxable Value $172,767 $167,672 $162,157 $156,755
Land N
19
Land Use Number of Units Unit Type Frontage Depth 0
RESIDENTIAL CANAL(010C) 5,000.00 Square Foot 50 100
RESIDENTIAL CANAL UNPERMITTED(01CM) 5,000.00 Square Foot 50 100 ..�,
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Buildings
BuildinglD 14724 Exterior Walls C.B.S.
Style STILT 1 STORY Year Built 1979
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1999
Gross Sq Ft 2116 Foundation CONCRETE SLAB
Finished Sq Ft 768 Roof Type GABLE/HIP
Stories 2 Floor Roof Coverage METAL
Condition AVERAGE Flooring Type CONC S/B GRND
Perimeter 112 Heating Type NONEwith O%NONE
Functional Ohs 0 Bedrooms 2
Economic Ohs 0 Full Bathrooms 1
Depreciation% 28 Half Bathrooms 0
Interior Walls WALL BD/WD WAL Grade 500
Number of Fire PI 0
Code Description Sketch Area Fin ishedArea Perimeter
CPF COVERED PARKING FIN 320 0 0
EPA ENCLPORCHWD 112 0 0
FLA FLOOR LIV AREA 768 768 0
GBF GAR FIN BLOCK 352 0 0
OUF OP PRCH FIN UL 32 0 0
PUF SC PRCH FIN UL 144 0 0
SBF UTIL FIN BILK 388 0 0
TOTAL 2,116 768 0
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Yard Items
Description Year Built Roll Year Quantity Units Grade
CH LINK FENCE 1979 1980 1 600SF 1
CONC PATIO 1985 1986 1 126 SF 1
SEAWALL 1985 1986 1 50 SF 1
WALLAIRCOND 1998 1999 1 1UT 2
FENCES 2004 2005 1 236SF 2
CONC PATIO 2004 2005 1 520SF 2
FENCES 2004 2005 1 696SF 2
LOW COST POOL 2004 2005 1 408 SF 4
BOATLIFT 2014 2015 1 1UT 3
CONCRETE DOCK 1984 1985 1 300 SF 3
BRICKPATIO 2014 2015 1 1990 SF 3
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved
4/20/2001 $190,000 Warranty Deed 1690 2184 Q-Qualified Improved IL
2/1/1977 $4,500 Conversion Code 697 496 Q-Qualified Vacant
Permits
Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0
14104515 11/18/2014 12/19/2014 $12,000 Residential PAVERS-COVER EXISTING CONCRETE POOL DECK,WALKWAYS,SEAWALL AND CARPORT
14104796 10/28/2014 1/14/2014 $1,565 Residential INSTALL ELECTRIC FOR BOAT LIFT (�
14104620 10/9/2014 11/14/2014 $9,999 Residential BOAT LIFT
12100955 3/6/2012 4/12/2012 $1,000 Residential INSTALL ELECTRIC WIRING FOR THE NEW AROB IC SEWAGE SYSTEM
04-0298 2/11/2004 6/19/2004 $30,000 Residential POOL&SPA
98/1474 10/9/1998 11/18/1999 $9,490 Residential ROOFING
3158A 1/1/1978 10/1/1979 $25,000 Residential SFR _
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24 24 LL
SBF
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10 11 11 3 32
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„r,U Puiblic. "" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00265040-000000 I il�l�� V #�yY + II"
Account# 1336688
Property ID 1336688 (��
Millage Group 100H W
Location Address VACANT LAN IRIS Dr,BIG PINE KEY ;
Legal Description BK 2 LT 43 EDEN PINES COLONY BIG PINE KEY P134-158 OR433-484OR723-481 OR775-1507 LL
OR2980-35 I
(I`duL,c I`doL Lu Ih, a,,?d on d0LUN4 nCs,) Q
Neighborhood 635
Property Class VACANT RES(0000)
Subdivision EDEN PINES COLONY
Sec/Twp/Rng 15/66/29
Affordable No d
Housing nL L W
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�d� 0
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Owner 0
BURNARD HARRY R
6276 Spoonbil I Dr U
New Port Richey FL 34652 U)
Valuation
2019 2018 2017 2016
+ Market Improvement Value $0 $0 $0 $0 4)
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $28,750 $18,025 $18,025 $18,025
= Just Market Value $28,750 $18,025 $18,025 $18,025
= Total Assessed Value $19,828 $18,025 $18,025 $17,136
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $19,828 $18,025 $18,025 $17,136
19
Land 0
0
Land Use Number of Units Unit Type Frontage Depth co
RESIDENTIAL CANAL UNPERMITTED(01CM) 5,000.00 Square Foot 50 100
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Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved
6/15/2015 $100 Warranty Deed 2232700 2980 0035 30-Unqualified Improved
4�
11/1/1978 $6,000 Conversion Code 775 1507 Q-Qualified Vacant
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County Attorney
RESOLUTION NO. 278 -2003
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, EVIDENCING THE BOARD'S APPROVAL OF A RECOMMENDED
BENEFICIAL USE DETERMINATION PROMULGATED BY THE SPECIAL
MASTER, IN RE: HARLEY EVANS
Q.
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan became
effective; and
WHEREAS, the application of Harley Evans for determination of beneficial use was heard
by Special Master J. Jefferson Overby on March 24, 2003; now therefore: W
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA,that:
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The Findings of Fact and Conclusions of Law and recommendations of the Special Master as U)
set forth in the proposed determination are APPROVED and the application of Harley Evans is
accordingly APPROVED, subject to the conditions listed in the attached Proposed Beneficial Use
Determination, dated May 15, 2003.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 151h day of July, 2003. ^;
'> r~t
Mayor Spehar yes o
Mayor Pro Tem Nelson eG �
Commissioner McCoy yes
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Comm ssioner Neugent Xes ®0
Comis #oner Rice yes =, Cr
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(SEAL) BOARD OF COUNTY COMMISSIONERS U
Attest: DAY,,�. KOLHAGE,Clerk OF MONROE COUNTY, FLORIDA
1
B BY
Depu Clerk Mayor/Chairman
ArpkOVEp
'AL AS TQ`ORM
y
R ERT N,
DATE-Z
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N.8.d
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: Harley Evans-Beneficial Use
Application
PROPOSED
BENEFICIAL USE DETERMINATION
The matter was heard at a duly advertised and regularly scheduled, public hearing
on March 24, 2003, at the Government Center, Marathon. This case was assigned to J.
Jefferson Overby, designated Beneficial Use Special Master. The Applicant represented
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himself. Assistant County Attorney John Wolfe and Planning Director K. Marlene
Conaway, Director of Planning, and Rob Will, Planner, represented Monroe County.
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ISSUE 12
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Whether the applicant will be denied all reasonable economic use of his property ci
by application of Policies 203.1.3 and 204.24 of the Year 2010 Comprehensive Plan, and
Moratorium- Objective 301.2 of the Year 2010 Comprehensive Plan and Section 9.5-292
00
of the Land Development Regulations and whether the applicant is entitled to relief
U)
under Policies contained in Objective 10 1.18 of the Year 2010 Comprehensive Plan (as
administered and implemented in the "Agreement between the Department of
Community Affairs and Monroe County" dated February 23, 1998), the approved
portions of Ordinance 052-1997 and the Monroe County Code.
FINDINGS OF FACT
1. The Applicant is the owner of record, which is a lot of record, located at
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Lot 42,Block 2, Eden Pines Colony, Big Pine Key. The lot is zoned"Improved
Subdivision"and is currently vacant.
2. The applicant has previously received a ROGO allocation and building
permit for the lot(Permit# 96-1-1361). The applicant has been prevented from
constructing a dwelling unit because the level of service on US #1 on Big Pine Key.
Additionally, on May 23, 2002, at another Beneficial Use Hearing, the applicant was
issued a building permit.
3. The applicant is requesting that the county allow him to transfer the ROGO
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allocation previously granted on Lot 42, Block 2, Eden Pines Colony to Lots 5 and 6,
Block 22 Eden Pines Colony. These two lots (5 and 6) are considered"upland disturbed",
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are in a platted subdivision currently zoned the same (IS), which would allow one single
family residential dwelling and accessory uses on the lots, and are served by paved roads,
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water, and electric. The lots have been aggregated and are considered one lot for the 12
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purposes of development under RE# 00271170-000000.( IS lots may not be subdivided ci
into two separate IS lots.)
4. The applicant is proposing to sell lot 42 (above)to an adjacent property
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owner with restrictive covenants ( i.e. a conservation easement)that would retire the
development rights on lot 42.
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5. The new site has no TDR value as it is in an improved subdivision, under
the current code.
6. This is an upland scarified lot and therefore has no environmental
constraints to development.
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Packet Pg. 1979
N.8.d
CONCLUSIONS OF LAW
7. The Applicant's lot is designated Improved Subdivision, which allows one
residential dwelling and accessory uses to be permitted on this lot, except for the changes
now occasioned by the 2010 Plan.
8. Application of Moratorium- Objective 301-2 and Policy 203.1.3 of the
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2010 Comprehensive Plan has rendered the lot un-buildable.
A. As an Improved Subdivision lot the subject property has no TDR
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value.
B. Applicant already has a building permit for lot 42.
C. The unique combination of environmental constraints and lack of
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adequate LOS ( level of service)on US #1 has denied the applicant all reasonable
economic use of his property.
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D. The transfer of the building rights to the new lot and the retirement 12
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of the rights on lot 42 will not increase density in the area, but merely relocate it to a ci
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better location within the IS subdivision.
E. The current property is an aggregated in Tier Two lot, which
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could qualify for a building permit in the future.
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9. Pursuant to Policy 101.18.5 and Section 4(D) of the Agreement between
DCA and Monroe County, I have considered:
A. the economic impact of the Policy(or regulation) that prohibits
development on the applicants' lot, which is located within an Improved Subdivision; and
B. the extent to which the regulations have interfered with the
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N.8.d
applicants' reasonable investment-backed expectation that some use could be made of
this lot.
C. staff recommendations.
10. The lot is located within an improved subdivision that is partly developed.
11. A strict application of Policy 203.1.3 and Policy would prevent or prohibit
the applicant from developing a single family dwelling on this lot.
12. Although just compensation is the preferred option under Policy
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101.18.5,207.7.3 and 207.7.4, neither the applicants are interested in selling, nor the land
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authority are interested in acquisition of this lot.
13. Limited development of this lot should be approved as the minimum
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necessary to avoid a taking based on current land use case law, and that this lot is suitable
for development under specific conditions.
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WHEREFORE, I recommend to the Board of County Commissioners that a final
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beneficial use determination be entered approving limited development on this lot ci
subject to the following conditions: .�
1. The applicant shall resubmit a building permit application
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including revised building and, if necessary, site plans, including written approval by the 0
Department of Health of the on-site wastewater disposal and treatment system.
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2. This Beneficial use determination shall not exceed five (5)years
and is contingent upon the applicant's releasing Monroe County from all liability, if any,
past, present and future, with regards to the subject property.
3. The subject property and proposed residence shall be required to
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Packet Pg. 1981
N.8.d
meet all provisions of the 2010 Comprehensive Plan and Land Development Regulations,
and of the Monroe County Code.
4. The applicant shall be required to pay any impact fees for his
building permit.
5. The applicant shall be exempt from ROGO, because his permit was
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previously issued to lot 42.
6. All development rights associated with Lot 42 be retired by either
placing a conservation easement on the entire parcel .
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7. That the development rights previously issued to Lot 42 be
transferred to the aggregated lots 5 and 6 (this one time only).
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DONE AND ORDERED this May 15, 2003
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J. e r Overby
Special Master
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