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Item M01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20. 2003 Division: Growth Management Bulk Item: Yes......x...- No Department: Planning AGENDA ITEM WORDING: Approval of a Resolution granting the request of Lisa and Richard Granger to exchange privately owned land of conservation value for lands dedicated to the County for conservation purposes under the County's rate of growth ordinance as per Resolution 179-2003. ITEM BACKGROUND: Resolution 179-2003 adopted guidelines for approving any exchange of property dedicated to the County for conservation purposes under ROGO for privately owned property of conservation value. Mr. and Mrs. Granger submitted documentation for staff review per the guidelines set forth in Resolution 179-2003 for approval of land swaps. Mr. and Mrs. Granger meets all six of the criteria. PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted Resolution 179-2003 on May 21,2003. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty ~ OMB/Purchasing _ Ri Management_ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ~ To Follow Not Required_ DISPOSITION: AGENDAITEM# ~/ RESOLUTION NO. -2003 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, APPROVING THE REQUEST OF RICHARD AND LINDA GRANGER TO EXCHANGE PRIVATELY OWNED LAND OF CONSERVATION VALUE FOR LANDS DEDICATED TO THE COUNTY FOR CONSERVATION PURPOSES UNDER THE COUNTY'S RATE OF GROWTH ORDINANCE AS PER RESOLUTION 179-2003. WHEREAS, the Board of County Commissioners has authority under Section 125.3 7, Florida Statues, 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 it may be in the best interest of the County to exchange such property for other real property which the county may desire to acquire for public purposes; and WHEREAS, the Board passed Resolution 179-2003 which adopts guidelines for approving any exchange of property dedicated to the County for conservation purposes under RaGa; and WHEREAS, Richard and Linda Granger who own Lot 14, Drs. Arm Subdivision Addition No.3 on Big Pine Key has requested approval to exchange properties under Resolution 179-2003; and WHEREAS, Lot 15 Drs. Arm Subdivision Addition No.3 on Big Pine Key was dedicated to the County for the purpose of gaining points in ROGa for Permit number 01-3- 1317 (hereafter referred to as the 'dedicated property'); and WHEREAS, Richard and Linda Granger is requesting ownership of the dedicated property in exchange for property they own known Lot V, Pine Key Acres and having Real Estate ID # 00111070.022000 (hereafter referred to as the 'exchanged property'); and WHEREAS, Staff finds that the guidelines set forth in Resolution 179-2003 have been addressed as follows: 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. The applicant's exchanged property is located within the Key Deer National Refuge and is also within the State CARL boundaries. The lot size is one acre and is zoned SR which has an allocated density of 2 dwelling units per acre. The lot is buildable. B. The exchanged property must be eligible to receive RaGa points for dedication purposes equal to or greater than the points awarded to the dedicated property. The dedicated lot is a single lot zoned IS and received 2 points for its dedication under building permit 01-3-1317. The exchanged lot is one acre of unplatted buildable land which would also receive 2 points if dedicated in RaGa. C. The exchanged property shall be located on the same island. Both the dedicated lot and the exchanged lot are located on Big Pine Key. D. The exchanged property shall be within a designated Tier I area or areas designated for public acquisition for conservation and resource protection purposes. The exchanged property is located within a proposed Tier I area and areas designated for public acquisition (CARL). E. The "H" value of the exchanged property shall be equal to or greater than three (3) times the "H" values for the dedicated property for any property exchanges on Big Pine Key or No Name Key. Because the property exchanges are on Big Pine Key this requirement applies. The "H" value of the dedicated property is .0007 while the H value of the exchanged property is .0085, more than three times the H of the dedicated lot. H values were determined using the GIS data developed by URS Corp. as a part ofthe HCP process. F. The dedicated property shall only be used for principal residential and residential accessory uses. The applicant has stated that they intend to use the lot for accessory uses to their principal residence on Lot 14. The applicant will be required to aggregate lot 14 and the dedicated property once the exchange is complete. WHEREAS, the Board of County Commissioners finds that the exchange of the dedicated lot for the proposed exchanged lot promotes conservation and resource protection and smart growth in Monroe County; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY that: Section 1. The BOCC hereby approves the exchange of the dedicated property for the exchange property. Section 2. The BOCC directs the County Attorney's office to draft the appropriate legal documentation to transfer the title of the dedicated property to Richard and Linda Granger and of the exchanged property to Monroe County and authorizes the Mayor of Monroe County to sign said documents. MU\.I-V)'""t-fU.J .&..;11..:., .1'l;.\.I.......y...I'.~...... ......vu......... ,-"........ v.&. ............. .._.,.j""...JL~.L...J...J.l..J ,- "",\,,tL. SutioD 3. The exchanged lot shall be inspected by Code Enforcement and all trash and debris shall be removed prior to dedication to the County. PASSED AND ADOPTED by the Board of COWlty Commissioners of Monroe CoWlty Florida, at the regular meeting of said Board held on the 20111 day of August, 2003. Mayor Spehar Mayor Pro Tern Nelson Commissioner McCoy Commissioner Neugent Commissioner Rice (SEAL) Attest: Danny L. KoJhagc. Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairpersou jV ~TTORNEV MONROE COUN rORt~: p :T N. WN~;~~O"NEV CH'2~~J~ - oa"