Item Q2 �5 Q2
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
March 17, 2021
Agenda Item Number: Q.2
Agenda Item Summary #7785
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
None
AGENDA ITEM WORDING: Approval of a Resolution authoring 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 vacant lots on Duck Key.
On October 16, 2019, the Board had previously authorized the County Attorney to initiate the
statutory process for disposing of County owned property with respect to eleven (11) county-owned,
non-conservation, "density reduction lots" on the condition that they be deed restricted so that no
residential housing could be built upon them (Resolution 378-2019). Pursuant to the process set
forth in in F.S. 125.35, the lots were placed out for bid in December 2019. Bids were received on
eight(8) of the eleven (11)parcels on January 7, 2020. On January 22, 2020, the Board approved
the sale of each of the eight(8) lots all of which successfully closed.
Members of the public have requested the opportunity to purchase these lots. The likely market for
these lots will be adjoining property owners and the Duck Key Property Owners Association;
however, the statute requires that the public be given an opportunity to bid on the lots. The County
is not currently using the three lots for County purposes.
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 remaining lots be put out for bid 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.
Staff proposes that following lots on Duck Key be advertised for sale by competitive bid with the
minimum bid as follows:
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Q.2
RE00379800-000000 - $22,460
RE00380440-000000 - $27,410
RE00383380-000000 - $24,660
The bid prices reflect a 2019 appraisal for each lot with the deed restriction, as adjusted for increase
in property values, plus the County's costs incurred to re-advertise the lots and process the bids.
If the resolution is adopted, staff would: (a) publish a notice of sale once a week for at least two
weeks in a newspaper of general circulation within the County (i.e. The Key West Citizen) to satisfy
the statutory requirement, plus other publications pursuant to County Policy, calling for bids for the
purchase; and (b) review the bids and present all bids to the Board for consideration. The Board
must approve the final sale. The resolution directs that the revenue from any sales should be
returned to FUND 316 to replenish the land acquisition account.
PREVIOUS RELEVANT BOCC ACTION: On 10/16/19, the BOCC adopted Resolution 378-
2019. On 1/22/20, the BOCC approved the sale of eight of the 11 lots. On 2/19/2020, the BOCC
took no action on disposing of the remaining lots.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: None.
DOCUMENTATION:
Duck Key Rebid Resolution
FINANCIAL IMPACT:
Effective Date: 3/17/21
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: Advertising Costs
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: Yes If yes, amount: TBA
Grant: n/a
County Match: n/a
Insurance Required: n/a
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Q.2
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 03/02/2021 12:35 PM
Bob Shillinger Completed 03/02/2021 12:35 PM
Purchasing Completed 03/02/2021 12:39 PM
Budget and Finance Completed 03/02/2021 2:40 PM
Maria Slavik Completed 03/02/2021 3:40 PM
Liz Yongue Skipped 03/02/2021 3:25 PM
Liz Yongue Completed 03/02/2021 4:44 PM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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Q2.a
RESOLUTION NO. -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE COUNTY ATTORNEY TO INITIATE THE
STATUTORY PROCESS FOR DISPOSING OF THREE (3)
VACANT COUNTY OWNED LOTS ON DUCK KEY PROVIDED
THAT THE LOTS ARE DEED-RESTRICTED TO PROHIBIT THE
CONSTRUCTION OF PRINCIPAL RESIDENTIAL
STRUCTURES THEREON AS PART OF THE COUNTY'S
DENSITY REDUCTION PROGRAM.
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WHEREAS, in 2016, the Board of County Commissioners (the "BOCC") initiated a Q
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 (ROGO) allocations is exhausted; 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, U)
thus ultimately avoiding unnecessary costs associated with defending property rights claims; and
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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, since 2016, the BOCC in cooperation with the Monroe County Land
Authority purchased eleven (11) density reduction lots on Duck Key; and
WHEREAS, the BOCC previously disposed of eight (8) of these eleven density
reduction lots pursuant to Resolution 378-2019; and
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WHEREAS, the County currently owns three (3) vacant density reduction lots on Duck 0
Key, identified with parcel ID numbers: RE00379800-000000, RE00380440-000000, and
RE00383380-000000; and -�
WHEREAS,the BOCC finds that the best and highest use of the three(3)County owned
density reduction lots located on Duck Key, Florida, is to offer the parcels for sale with a deed
restriction prohibiting the building of a residential structure on the parcel; and
WHEREAS, based upon a 2019 appraisal for each lot, as adjusted for inflation, and the
County's administrative and advertising costs, the BOCC finds that the minimum bid it will
accept for each lot will be:
RE00379800-000000 - $22,460
RE00380440-000000 - $27,410
RE00383380-000000 - $24,660
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Q2.a
WHEREAS, 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 three (3) deed restricted parcels is consistent with Policies
102.4.3 and 102.4.5 of the 2030 Monroe County Comprehensive Plan; and
WHEREAS, individual property owners on Duck Key, have expressed an interest in
acquiring at least some of the remaining subject parcels;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1: The"Whereas" clauses set forth above are incorporated herein as findings by the r-
Board.
Section 2: The County Attorney is authorized to initiate the process set forth in F.S.
125.35(1)(a) to dispose of three (3) County owned density reduction lots on
Duck Key with the following real estate numbers: RE00379800-000000,
RE00380440-000000, and RE00383380-000000. —
Section 3: The advertisement shall inform prospective bidders that each lot will be subject c
to a deed restriction prohibiting the construction of a principal residential
structure on it and that the minimum bid for each lot shall be:
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RE00379800-000000 - $22,460
RE00380440-000000 - $27,410
RE00383380-000000 - $24,660
Section 4: Any revenue derived from the sale of these lots shall be deposited to Fund 316,
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. 0
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of March, 2021.
Mayor Michelle Coldiron
Mayor pro tem David Rice
Commissioner Craig Cates
Commissioner Michael Forster
Commissioner Eddie Martinez 03
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Michelle Coldiron
(SEAL)
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ATTEST: KEVIN MADOK, CLERK
As Deputy Clerk
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