Item N5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2003
Bulk Item: Yes No X
Division: Growth Management
Departments N/A
AGENDA ITEM WORDING:
Approval of a Resolution establishing policy guidelines for approving the exchange of privately -owned
lands of conservation value for lands dedicated to the County for conservation under the County's Rate of
Growth Ordinance.
ITEM BACKGROUND:
At its February 19, 2003, meeting, after hearing a proposal made by Attorney Frank Greenman on behalf
of his clients John Moyant and Robert Clay, the Board of County Commissioners agreed in concept to
allow the swapping of a ROGO lot dedicated for conservation purposes to the County with a similar
property(ies). This swapping of lots would allow Messrs. Moyant and Clay to construct their houses on
larger lots. [See copy of attached letter to the Growth Management Director from Mr. Greenman.]
Upon recommendation of the Growth Management staff, the BOCC directed the staff to prepare policies
to be followed in approving such swaps. A copy of a draft resolution establishing policy guidelines is
included in this agenda packet for BOCC consideration.
Once the BOCC has adopted policy guidelines, the Growth Management Division and Land Authority
staffs will work with Mr. Greenman and his clients to reach agreement on specific lot(s) to be swapped in
accordance with these guidelines. At a future regularly scheduled meeting, the BOCC will be asked to
officially approve the land transactions.
PREVIOUS RELEVANT BOARD ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A BUDGETED: Yes No N/A
COST TO COUNTY: N/A
REVENUE PRODUCING:Yes N/A No
APPROVED BY: County Attorney X
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
SOURCE OF FUNDS: N/A
AMOUNT PER MONTH N/A YEAR
To follow _ Not Required
DISPOSITION: AGENDA ITEM #: 041a
RESOLUTION -2003
A RESOLUTION ESTABLISHING POLICIES BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY FOR
APPROVING THE EXCHANGE OF PRIVATELY -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 ROGO 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":
Page 1 of 2
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.
PASSED AND ADOPTED Board of County Commissioners of Monroe County
at a regular meeting of said Board held on the 19th day of March, A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK OVEU AS ; RM
AND EGAL S' r,:4 NCY
Deputy Clerk Attorney's Office
Page 2 of 2
Mar 03 03 03:29p GreenmanLManz (305)743-6523 p.1
4Zt
GREENMAN & MANZ
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
ATTORNEYS AT LAw
Franklin D. Greenman, P.A. Gulfside Village. Sidle 40
David L Manz. P.A • 5800 Overseas Highway
Marathon, FL 33050
-- ---- (305) 743-2351
'Board Certified in Marital & Family Law (305) 743-6523 Fax
Fellow of the American Academy of
Matrimorxal Lawyers
:larch 3, 2003
Mr. Tim McGarry
Planning Department
2798 Overseas Highway
Marathon, FL 33050
RE: Swap of ROGO lots for John Moyant/Lot 39 Doctors Arm
Dear Tim:
l represent John Moyant and Robert Clay, two of the 21 beneficial rights
recipients on Big Pine Key that has been the subject of so much discussion of late. Mr. Movant
and Mr. Clay own adjacent lots in Doctor's Arm Subdivision, 3'A Addition; Mr. Movant - Lot 41,
and Mr. Clay, - Lot 40.
Lot 39, adjacent to Mr. Clay's lot, was deeded to the County on June 24, 2002 by
Thomas & Carrie Ryan in order to obtain necessary ROGO points to construct a residence
elsewhere. Mr. Ryan is the principal of Ryan Construction Services on Big Pine Key.
At present Lot 40, Lot 41, and Lot 39 on Doctor's Arm Subdivision, 3" Addition are all
in the identical environmental state, and have all been deemed "Tier 2" pursuant to the not yet
approved HCP for Big Pirie Key. Mr. Moyant and Mr. Clay proposed to find a more
environmentally sensitive lot on Big Pine Key and exchange it for Lot 39. Mr. Movant, in turn,
would build his house on lots 40 and 41, but if necessary, would be willing to build the house
to the property line of Lot 41 and dedicate the remaining area on Lot 40, through a
conservation easement, so f1at it will remain undeveloped in perpetuity. He would prefer to
build on the two lots, 41 and 40. This would allow both Mr. Clay and Mr. Movant to spread
their houses over a greater area and still remove a lot from development.
The benefits to the County are substantial. The county has already received three lots
for the permits to be issued to Mr. Clay and Movant, one from Clay and two from Moyant, with
their original ROGO applications. The middle lot, lot 40, in Doctor's Arm will continue to be
primarily undeveloped pursuant to a conservation easement, and another, new, lot that the
County would not otherwise have an opportunity, to obtain will be dedicated to the County also.
Only the original two (2) homes would be built, as is contemplated in the Beneficial Use
Determination approved by the BOCC in June, 2002. The County can only be benefitted by
such a transaction as the objectives of the ROGO ordinance, to protect environmentally-
sensitive property, is met and the number of lots that are potential taking claims is reduced,
Mar 03 03 03:30p breenman&Manz tdubai4+e-oZ)ca p,e_
Page 2
[Name]
March 3, 2003
lessetung the County's potential liability.
Both of my clients have indicated that if the County wishes them to buy a less sensitive,
more buildable lot (to reduce the county's potential liability), as opposed to a more
environmentally sensitive lot, they are, within reason, prepared to provide that for the exchange.
Their goal is simply to have larger areas around their houses, something that could be achieved
in other areas of the Keys with a unity of title dedication.
I believe this proposal meets both the long-term and short-term objectives of the County
in regard to restricting development on Big Pine Key and increasing acreage that will not be
developed. I would greatly appreciate any consideration you may offer Mr. Clay and Mr.
Moyant.
Respectfully,
Franklin D. Greenman
FDG/zb
Enclosures
cc: John Moyant
Robert Clay