Resolution 179-2003
RESOLUTION 179 -2003
A RESOLUTION ESTABLISHING POLICIES BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY FOR
APPROVING THE EXCHANGE OF PRIV ATEL Y-OWNED
LANDS OF CONSERVATION VALUE FOR LANDS DEDICATED
TO THE COUNTY FOR CONSERVATION PURPOSES UNDER
THE COUNTY'S RATE OF GROWTH ORDINANCE
WHEREAS, the Board of County Commissioners have been asked by two
property owners to exchange County-owned land dedicated to the County for
conservation purposes under the County's Rate of Growth Ordinance (ROGO); and,
WHEREAS, the Policy 105.5.4.5 of the Monroe County Year 2010
Comprehensive Plan and Section 9.5-122.3((5), Monroe County Code provide for the
awarding of positive points under RaGa for dedication to Monroe County of vacant,
legally platted, buildable lots or at least one acre of unplatted, buildable land location
within areas proposed for acquisition by governmental agencies for purposes of
conservation or resource protection; and,
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 such property may be to the best interest of the
County exchanged for other real property, which the County may desire to acquire for
public purposes; and,
WHEREAS, the draft Habitat Conservation Plan for Big Pine and No Name
Keys calls for a three to one "H" value mitigation ratio for any new development on these
islands; and,
WHEREAS, the Board of County Commissioners finds that the concept of
exchanging dedicated ROGO lots with other lots of equal or greater conservation and
resource protection value is a pragmatic approach to promoting smart growth and is in the
best interest of the County; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1. The BOCC hereby adopts the following guidelines for approving any
exchange of property dedicated to the County for conservation purposes under ROGO,
hereinafter called "dedicated property," for privately-owned property of conservation
value, hereinafter called "exchanged property":
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A. The exchanged property shall meet all the requirements for a
dedicated lot or acre of unplatted land under Section 9.5-122.3(5),
Monroe County Code;
B. The exchanged property must be eligible to receive ROGO points
for dedication purposes equal to or greater than the points awarded
to the dedicated property;
C. The exchanged property shall be located on the same island;
D. The exchanged property shall be within a designated Tier 1 area or
areas designated for public acquisition for conservation and
resource protection purposes;
E. The "H" value of the exchanged property shall be equal to or
greater than three (3) times the "H" value for dedicated property
for any property exchanges on Big Pine or No Name Keys; and,
F. The dedicated property shall only be used for principal residential
and residential accessory uses,
Section 2. The BOCC directs the Growth Management Division staff to follow
these policy guidelines in processing any property exchange proposals for the Board's
approval, involving properties dedicated to the County under ROGO.
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~ ~ P~SSED AND ADOPTED Board of County Commissioners of Monroe County
'hi a r~lar meeting of said Board held on the 21st day of May, A.D., 2003.
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Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor Dixie Spehar
BY:
BY
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