Item M20
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2003
Bulk Item: Yes X No
Division: Growth Management
Department: 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:
In February, the Board directed the Growth Management Division staff to prepare for its March meeting,
policies for the Board's consideration related to the swapping of privately-owned lands of conservation
value for lands dedicated to the County under ROGO. At the March Commission meeting, Attorney
Frank Greenman asked the BOCC to defer approving the draft resolution the draft resolution prepared by
staff until the Board's June meeting. Mr. Greenman requested the additional time to determine the
impact of these policies on his client's proposed land swap with the County.
In a letter to Mayor Spehar, dated April 8, 2003 (enclosed), Mr. Greenman indicated that after further
investigation of the matter, his client had no problems with the proposed policy prepared by the staff. He
requested the Board to adopt the resolution that was presented to the Board in March, which is included
in this agenda package.
PREVIOUS RELEVANT BOARD ACTION: Directed staff to prepare policies for land swaps on
February 19,2003; and, deferred consideration of the resolution on March 19,2003.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/ A
BUDGETED: Yes
No
N/A
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING:Yes N/A No
AMOUNT PER MONTH N/A YEAR
APPROVED BY: County Attorney X
Risk Management
N/A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow
Not Required _
DISPOSITION:
AGENDA ITEM #:
/7 02;!)
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 pUT]>oscs 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), MonToe COWIty 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 exchallge properties without going
through bid procedures, provided that in the opinion of the Board the property is no
longer needed for public pwposes and such property may be to the best interest of the
County exchanged for other real property, wIDch the County may desire to acquire for
public purposes; and,
WHEREAS, thc draft Habitat Conservation Plan fOT Big Pine and No Name
Keys calls fOT a three to one "H" value mitigation ratio for any ncw developlllent 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 heTeby 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 of2
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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 sarne island;
D. The exchanged property shall be within a designated Tier 1 area or
areas designated for public acquisition for conservation and
resource protection pmposes;
E. The "H" value of the exchanged property shall be equal to or
greater than three (3) times lhe "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 rneeting of said Board held on the 21st day of May, A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Ten1 Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Dixie Spehar
(SEAL)
BY
ATTEST: DA.l"\lNY L. KOLHAGE, CLERK
Deputy Clerk
Page 2 of2
~
GREENMAN & MANZ
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
ATTORNEYS AT LAw
Gulfside Village, Suite 40
5800 Overseas Highway
Ma~thon,FL 33050
(305) 743-2351
(305) 743-6523 Fax
FOGreenmanll7lBellsouth.nel
F~nklin D. Greenman, PA
David L. Manz, P .A.'
.Board Certified in Marital & Family Law
Fellow of the American Academy of
Mabimonial Lawyers
April 8, 2003
Mayor Dixie Spehar
Monroe County
500 Whitehead Street
Suite 102
Key West, FL 33040
RE: ROGa Land Swap on Big Pine Key - Proposed Resolution
Dear Mayor Spehar:
First, I wish to thank you for your suppon in obtaining a policy that would allow for
RaGa land swaps on Big Pine Key for the benefit of my client and other similarly situated
propeny owners.
APR 1 4 2003
I met with Planners Ralph Gouldy and Rob Will at the Planning Depanment to find an
inventory of propenies of a similar or greater environmental sensitivity on Big Pine Key for
purposes of swapping with my client. The question was whether or not the planIlin,g staff
requirement of a times three habitat evaluation index for swap purposes made the proposed 'policy
feasible or not. I am pleased to tell you that it is very feasible. The County has mapped Big Pine
Key and No Name Key to such a precise degree that an evaluation index on every single piece of
propeny in Big Pine Key is available in a very quick computer search. Mr. Will was able to find
over 400 parcels of propeny on Big Pine Key that met the requirements of an H-3 land swap. In
addition to finding the lots on a map, he was also able to provide me with the legal description,
name and address of the owner, RE number, and the precise habitat evaluation index. To say the
least, I was surprised at this significant amount of data the County has obtained about Big Pine Key.
The sum of all this is that I have no objection to the resolution as Mr. McGarry has
proposed, and would respectfully request the Board of County Commissioners to allow the
resolution to pass as it does appear t<b be in keeping with the Comprehensive PlaIl policies in an
effective way to achieve the County's objectives of rernoving propenies from the tax rolls.
FDG/jbrn
cc: Tim McGarry
John Moyant
Roben Clay
H:IClienlSlGreenmanlAclive\MOY AN1\Mayor Spebar '" Roao land swap on BPK.wpd